People v. Rogers

• Decision Date: 13 January 1989
• Docket Number: No. 2-87-0826,2-87-0826
• Citation: People v. Rogers, 533 N.E.2d 987, 178 Ill.App.3d 650 (Ill. App. 1989)
• Parties: , 127 Ill.Dec. 905 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Lloyd ROGERS, Defendant-Appellant.
• Court: Appellate Court of Illinois

Page 987

533 N.E.2d 987

178 Ill.App.3d 650, 127 Ill.Dec. 905

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Lloyd ROGERS, Defendant-Appellant.

No. 2-87-0826.

Appellate Court of Illinois Second District.

Jan. 13, 1989.

G. Joseph Weller, Deputy Defender, Office of the State Appellate Defender, Daniel D. Yuhas, 4th District Appellate Defender, Judith L. Libby, Asst. Defender, Springfield, for Lloyd Rogers.

Paul A. Logli, Winnebago County State's Atty., William L. Browers, Deputy Director, Robert J. Biderman, State's Attys. Appellate Prosecutors, 4th Dist., Springfield, Denise M. Ambrose, Sr. Staff Atty., State's Attys. Appellate Service Com'n, Springfield, for the People.

Justice INGLIS delivered the opinion of the court:

Defendant was found guilty of attempted murder (Ill.Rev.Stat.1987, ch. 38, par. 8-4). The trial court entered judgment on the verdict and sentenced defendant to 20 years' imprisonment. Defendant appeals.

Defendant contends on appeal he was denied a fair trial because the trial court admitted evidence of a subsequent shooting at the victim's house and that he was denied a fair trial because of the State's closing argument. We affirm.

The victim, Michael Jones, was shot at on February 18, 1987, while driving his car. Jones testified that at approximately 7:30 p.m. on February 18, 1987, he drove his father's yellow Cadillac to O'Donnell's store in Rockford with his friend, Clottie George, where he saw Keith Dainty in his beige car. In Dainty's car were Michael Glass, his brother Wayne (a/k/a Daniel) Glass, and an individual he later identified as defendant.

Jones testified that after he left O'Donnell's, he drove his friend home. Later, at approximately 8:15 or 8:30 p.m. as he drove around a local "dead man's curve," he saw Dainty's car approaching head-on, then turn around and follow him. As he turned left onto Preston Street, he slowed down to a stop. Dainty first pulled ahead of him on the driver's side and blew his horn for Jones to get out, which Jones declined to do. Dainty then pulled up beside Jones' car. According to Jones, Dainty was the driver, Wayne Glass was in the front seat on the passenger side, Michael Glass was behind the driver, and defendant was behind Wayne Glass. Jones was positive that he had seen the person who eventually shot at him earlier that night with Dainty at O'Donnell's. Jones wears glasses but was not wearing them on the night in question. Jones testified that from approximately three feet away, defendant fired a shot with a long .22 or .32 caliber revolver which shattered his rear driver's side window. Jones ducked. Next, Jones' front passenger side window was shot out as Dainty's car pulled up besides Jones. Jones could not see who fired the second shot. Jones drove off after the second shot at a high rate of speed down Preston Street, and Dainty's car followed. According to Jones, he was heading for his mother's house, where he lived at the time. However, because he was being closely followed, he went around the block. Eventually, he arrived home at about 9 p.m. or before.

Two days later, Jones identified defendant from a photo array as the shooter.

Keith Dainty testified next for the State in accordance with an agreement reached with the State. That agreement provided that charges of attempted murder and reckless conduct would be dropped in the instant case, probation would be revoked in another matter, and defendant would be sentenced to six months' work release for the revocation of probation. Dainty testified that he drove to O'Donnell's on the night in question with Wayne Glass, Michael Glass, and Frank (Pete) Jefferson. Dainty stated that defendant was not with them at this time. Dainty also testified that he did not see defendant that night at O'Donnell's. Dainty did state that he saw Jones at the store.

Dainty stated that he, the two Glass brothers, and Jefferson drove back to the house of Dainty's girlfriend's aunt, Juicy Glass. Defendant was among those present. Later that evening, Dainty was driving his car, in which Michael Glass sat in the front passenger seat and Wayne Glass, defendant, and Jefferson sat in the rear.

When they saw Jones driving down a hill into "Dead Man's curve," defendant told Dainty to follow Jones, which Dainty did. Jones pulled over, and defendant told Dainty to pull his car next to Jones. Dainty complied and was approximately 15 feet from Jones' car. Dainty stated that he saw Michael Glass roll down his front passenger window while defendant pulled a gun and started shooting at Jones. Dainty saw Jones lie down in his car while defendant kept shooting. Dainty then started to drive away. Defendant asked Dainty why he drove away and stated "now we got to kill him." Defendant instructed Dainty to follow Jones, and, again, Dainty complied. Defendant kept shooting, using a long .22 caliber automatic pistol, as they followed Jones for approximately four blocks. Jefferson was screaming and lying down on the rear car floor.

Jefferson also testified for the State. Jefferson stated that one of the Glass brothers was in the front passenger side of Dainty's car and defendant, himself, and the other Glass brother were in the rear.

As Dainty was driving back to Juicy's house, Jefferson heard someone say, "[T]here he is," and Dainty tried to flag down a man driving a yellow Cadillac flashing his car lights. This man, subsequently identified as Jones, pulled his car over, as did Dainty. Jefferson heard someone say, "[D]uck, he might shoot," so Jefferson ducked and remained on the floor. Jefferson said defendant fired five or six rounds at the yellow Cadillac from a distance of approximately 5 to 10 feet away. Jefferson said Jones drove away, and Dainty pursued him for approximately four blocks. Jefferson was not charged with any crime in connection with this offense. Jefferson later identified defendant as the shooter from a photo array.

Neither of the Glass brothers testified.

The State further produced evidence that at approximately 9:30 p.m. on the same night, bullets were fired through the front closed house window where Jones lived with his parents, brother, and sister. Neither Jones nor his car was present then, but Jones' father and sister were. No one was injured. Police later retrieved two bullets from the interior of the house, and there was testimony that they were .22 caliber. Jones' sister stated that she heard a loud car muffler at the time of this shooting.

Dainty also testified regarding the subsequent shooting. He claimed he saw defendant and Wayne Glass later that night at approximately midnight at the house of Jones' wife (who did not reside with her husband). Dainty testified that Glass said, in defendant's presence, that Glass and defendant had just "shot up the house of Michael Jones' mother." Dainty added that defendant then warned Dainty not to "tell," or else "something bad will happen."

Defendant presented an alibi defense. Defendant stated that at approximately 6 p.m. on the night in question, he was at his apartment alone. He went upstairs and talked to his neighbor Dean Bell about his house being broken into. Bell and defendant then went down to defendant's apartment, where they fixed a broken window in defendant's apartment. They finished repairing the window between 6:50 and 6:55 p.m. After they fixed the window, Bell and defendant sat and talked for a while. According to defendant, Bell stayed at his apartment for about two hours. Bell left at about 7:30 or 8:30. Defendant stated that he left his apartment at about 8:45. He then went to the house of Juicy Glass. Present at Juicy Glass' were Juicy Glass, Carol Glass, and "several other girls with some kids." According to defendant, he arrived at Juicy Glass' at about 8:50 or 8:55 p.m. According to defendant, Michael Glass, Keith Dainty, and Jefferson arrived 15 to 20 minutes later. About 5 to 10 minutes later, defendant left with Wayne Glass. Defendant and Glass then went back to defendant's apartment for approximately five minutes. Defendant then drove Glass to Glass's house where defendant dropped Glass off at approximately 10 p.m. Defendant then went to a friend's house, where he arrived at approximately 10:10 p.m. He stayed there for approximately one hour, after which he went home. Defendant stated that he never reported the break-in of his apartment to the police.

Dean Bell testified that he did not specifically remember February 18 nor did he remember the exact date that defendant's apartment was broken into. He did, however, remember that defendant's apartment was broken into. Bell stated that about 5:15, 5:20, about the time the sun was getting ready to set, defendant asked him if he knew anything about defendant's window being broken. Bell stated they then got a piece of glass and put it in the window, which took about 45 minutes. He then talked to defendant for about two hours afterward. According to Bell, he left defendant at about 8 p.m., 8:30, or 9 p.m.

The jury returned a guilty verdict on attempted murder, and the trial court entered a judgment on the verdict. The court later sentenced defendant to 20 years' imprisonment.

Defendant initially contends that the trial court erred when it allowed the State to offer evidence of the subsequent shooting at the victim's mother's house. Defendant specifically contends that it was error to allow this testimony because there was no showing that defendant committed the subsequent crime. This argument relies on defendant's next contention that the trial court improperly allowed testimony by Dainty that Wayne Glass stated that he and defendant had "just shot up Michael Jones [sic ] mom's house."

We agree with defendant that absent Dainty's testimony, evidence of the subsequent crime would have been inadmissible. However, we disagree with defendant's contention that Dainty's testimony was inadmissible and therefore find that evidence of the subsequent crime...