People v. Ratzke, 2-91-1440

• Decision Date: 21 December 1993
• Docket Number: No. 2-91-1440,2-91-1440
• Citation: 625 N.E.2d 1004,192 Ill.Dec. 849,253 Ill.App.3d 1054
• Parties: , 192 Ill.Dec. 849 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Charles A. RATZKE, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 1004

625 N.E.2d 1004

253 Ill.App.3d 1054, 192 Ill.Dec. 849

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Charles A. RATZKE, Defendant-Appellant.

No. 2-91-1440.

Appellate Court of Illinois Second District.

Dec. 21, 1993.

G. Joseph Weller, Deputy Defender, Steven E. Wiltgen (argued), Office of the State Appellate Defender, Elgin, for Charles A. Ratzke.

Michael J. Waller, Lake County State's Attorney, Waukegan, William L. Browers, Deputy Director, State's Attorneys Appellate Prosecutor, Mary Beth Burns (argued), State's Attorneys Appellate Prosecutor, Elgin, for People.

Justice QUETSCH delivered the opinion of the court:

Following a jury trial in the circuit court of Lake County, defendant, Charles Ratzke, was convicted of first degree murder in connection with the death of Robert Snook. The trial court sentenced defendant to a term of natural-life imprisonment, finding that the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty and that the aggravating factor set forth in section 9-1(b)(6) of the Criminal Code of 1961 (Criminal Code) (Ill.Rev.Stat.1989, ch. 38, par. 9-1(b)(6) (now 720 ILCS 5/9-1(b)(6) (West 1992))) was present.

On appeal, defendant challenges his sentence, raising the following issues: (1) whether the phrase "exceptionally brutal or heinous behavior indicative of wanton cruelty" is unconstitutionally vague in violation of the eighth amendment; (2) whether the trial court was precluded from imposing a natural-life sentence based on the existence of the aggravating factor set forth in section 9-1(b)(6) of the Criminal Code when the jury did not find defendant eligible for the death penalty based on that aggravating factor; (3) whether an offender convicted under a common-design theory of accountability may receive a natural-life sentence based on exceptionally brutal or heinous behavior indicative of wanton cruelty; (4) whether the offense was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty; and (5) whether, in finding exceptionally brutal or heinous behavior, the trial court disregarded evidence of the defendant's remorse and emotional condition and was unduly influenced by victim impact statements.

We affirm. As set forth below, we find that the sentence may be sustained on the basis of the trial court's finding that the offense was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty. It is therefore unnecessary to consider defendant's argument pertaining to the propriety of a natural-life sentence based on the existence of an aggravating factor under section 9-1(b) of the Criminal Code.

On April 21, 1991, defendant and his friend, George Goodman, abducted Robert Snook at gunpoint, while Mr. Snook was at a car wash washing his black 1984 Porsche 928. Mr. Snook was forced into his car and was driven to a location on Rollins Road, where, after stepping out of the vehicle, he was shot. Although wounded, Mr. Snook began to run, at which point he was struck by his car. While lying in the road, Mr. Snook was accidentally hit by another vehicle. Mr. Snook later died from his injuries.

Leslie Vice was the driver of the car which accidentally hit Mr. Snook. Along with her husband, Mark Vice, and several family members, Ms. Vice was driving westbound on Rollins Road on April 27. Before colliding with Mr. Snook she observed an eastbound car approaching at a high rate of speed. Ms. Vice was unable to describe the car, but Mark Vice indicated that it was a sports car resembling a Datsun Z-28. The car was partially in Ms. Vice's lane, forcing her to slow down and pull over onto the shoulder. After the car had passed, Ms. Vice saw what appeared to be a man lying in the road. Although she braked and swerved, she was unable to avoid hitting the man. Mr. Vice got out of the car and observed Mr. Snook to be alive and in great pain.

Vincent Pacello was driving eastbound on Rollins Road on the evening of April 27, when he observed that a car was stopped in the westbound lane and two people appeared to standing over an individual who was lying in the road. Continuing eastbound, Mr. Pacello observed a dark Porsche ahead of him travelling at a low rate of speed. The Porsche stopped at a traffic signal at the intersection of Rollins Road and Route 45, and Mr. Pacello stopped behind it. There was a vehicle ahead of the Porsche also stopped at the traffic signal. Mr. Pacello observed two individuals in the Porsche, the larger of whom was driving. It was established at trial that defendant was approximately 6 feet to 6 feet 2 inches and weighed between 200 and 240 pounds, while George Goodman was approximately 5 feet 10 inches and weighed between 140 and 150 pounds. Mr. Pacello testified that the two individuals in the Porsche appeared to be arguing. Mr. Pacello noted that he was unable to see through the windshield of the Porsche to the road up ahead. He also observed that it appeared that one of the brake lights on the Porsche was not illuminated. Mr. Pacello viewed a photograph of the rear of Mr. Snook's Porsche and indicated that the lighting configuration, which included the presence of a European fog lamp--a single red lamp at the left of the license plate--was present on the Porsche he observed on April 27.

The three cars stopped at the intersection all turned right onto Route 45. Mr. Pacello continued behind the Porsche as it travelled south. As they approached the intersection of Route 45 and Knowles Road, the driver of the Porsche first signalled a right turn, but abruptly activated the left directional signal and turned left onto Knowles Road. Mr. Snook's Porsche was discovered the next day off to the side of Knowles Road at a location east of Route 45.

Defendant was arrested on April 30, 1991, after his girlfriend, Tammy Andrews, contacted the Crimestoppers organization and indicated that defendant had admitted his involvement in the abduction of Mr. Snook. After his arrest, defendant made a statement, which was tape-recorded, to detectives with the Lake County sheriff's department, admitting that he and his friend, George Goodman, had abducted Mr. Snook. Defendant claimed, however, that it was Goodman who shot Mr. Snook, at which point defendant fled from the car. Goodman then struck Mr. Snook with the stolen car as Mr. Snook stood in the road.

According to defendant's statement, he and Goodman had spent some part of the day of April 27 looking for defendant's girlfriend, who he suspected was cheating on him. Defendant was frustrated in his efforts because his mother would not let him use her car. When defendant and Goodman observed Mr. Snook washing his car, Goodman suggested they take the car, saying "it would be easy." After further conversation, and after defendant telephoned his mother, but was again denied permission to use her car, defendant agreed to Goodman's suggestion. Goodman held a .380 caliber semiautomatic handgun as they approached Mr. Snook. Defendant admitted that he had been in possession of a .22 caliber semiautomatic handgun, but he told police he had given it to Goodman earlier in the day.

Defendant and Goodman forced Mr. Snook into his car at gunpoint. Defendant drove the car while Goodman held the gun on Mr. Snook. While driving westbound on Rollins Road, as they were crossing a bridge, Goodman told defendant to pull over to the side of the road. Defendant told Mr. Snook not to worry because if he walked for a mile or two, he could get to a telephone. Mr. Snook responded that he knew someone who lived on Drury Lane. At trial, it was established that Mr. Snook did have a friend who lived on Drury Lane. As Mr. Snook was exiting the vehicle, a shot was fired at which point, defendant said "f--- this," jumped out the car, and began running. Mr. Snook was also running eastbound along Rollins Road. Goodman yelled to defendant, pointed the gun at him and threatened to kill him if he told anyone about the incident. Defendant then ran into the woods. By this point, Goodman was driving Mr. Snook's car eastbound. Defendant observed the car strike Mr. Snook, who was standing in the road. Mr. Snook was thrown over the vehicle after hitting the windshield. Goodman stopped the car and told defendant to get in. Defendant refused and ran south through a field. While running, defendant heard a screeching sound, at which point he turned and saw a westbound vehicle strike Mr. Snook.

Later that evening, defendant sold the .22 caliber handgun to David Mateja, whom he encountered at a bar called Sherri's R. & R. Crossing. Mateja, in turn, gave the weapon to a friend of his in settlement of a debt, but Mateja retrieved the weapon and turned it in to the Lake County sheriff's department. According to defendant's statement to the detectives, when he returned to his girlfriend's apartment some time after fleeing from the scene of the shooting, he encountered Goodman, who instructed him to return the .22 caliber weapon to him and instructed him to sell it to Mateja. A .22 caliber shell casing recovered at the scene of the shooting on Rollins Road was examined at the Northern Illinois Police Crime Laboratory. Although it could not be established with certainty that the shell casing was fired from defendant's .22 caliber handgun, the condition of the shell casing was consistent with it having been fired from that weapon. A live round of .22 caliber ammunition capable of being fired from defendant's weapon was discovered at the car wash from which Mr. Snook was abducted. It was established that if the slide on defendant's handgun was pulled back while a live round of ammunition was in the chamber, the live round would be ejected from the gun.

Mr. Snook's car was found on the morning of April 28, 1991, off to the side of Knowles Road, at a location east of Route 45. The windshield was shattered, and the window on the passenger side was broken out, with...