People v. Scott
| Decision Date | 24 July 2020 |
| Docket Number | No. 1-18-0200,1-18-0200 |
| Citation | 169 N.E.3d 840,446 Ill.Dec. 177,2020 IL App (1st) 180200 |
| Parties | The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kenny SCOTT, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
James E. Chadd, Patricia Mysza, and Carolyn R. Klarquist, of State Appellate Defender's Office, of Chicago, for appellant.
Kimberly M. Foxx, State's Attorney, of Chicago (Alan J. Spellberg, Jon J. Walters, and Paul E. Wojcicki, Assistant State's Attorneys, of counsel), for the People.
¶ 1 Following a jury trial, defendant Kenny Scott was convicted of attempted first degree murder ( 720 ILCS 5/8-4, 9-1(a)(1) (West 2014)) and armed robbery (id. § 18-2(a)(2)). He was sentenced to respective terms of 31 and 21 years' imprisonment, to be served consecutively, based on the court's finding of severe bodily injury ( 730 ILCS 5/5-8-4 (d)(1) (West 2014)). On appeal, defendant contends that his conviction for armed robbery should be reduced to simple robbery because the State failed to prove beyond a reasonable doubt that he possessed a firearm at the time of the robbery. He also contends that his convictions should be reversed, and he should receive a new trial, because the trial court erred in questioning jurors pursuant to Illinois Supreme Court Rule 431(b) (eff. July 1, 2012). For the following reasons, we affirm.
¶ 3 On February 9, 2017, defendant was convicted after a jury trial. Defendant filed a motion to reconsider, which the trial court denied, and he was sentenced on January 5, 2018. He filed a notice of appeal on January 12, 2018. Accordingly, this court has jurisdiction pursuant to article VI, section 6, of the Illinois Constitution ( Ill. Const. 1970, art. VI, § 6 ) and Illinois Supreme Court Rule 603 (eff. Feb. 6, 2013) and Rule 606 (eff. July 1, 2017), governing appeals from a final judgment of conviction in a criminal case entered below.
¶ 5 Prior to trial, the State filed a motion to admit evidence of other crimes, seeking to admit evidence of 10 prior acts of domestic violence against Charmaine Lane, who defendant previously dated, and two prior acts of domestic violence against one of the victims in the present case, Shandel Wilson. The court noted that the incidents the State sought to admit had occurred during a four- to five-year period prior to the present offense. The court found that the probative value of admitting the evidence outweighed the prejudicial effect and granted the State's motion.
¶ 6 During jury selection, the court questioned potential jurors in groups and individually whether they "agree with and accept" the propositions of law required under Rule 431(b). With slight variations, in each instance, the court informed potential jurors that "[t]he State has the burden of proof beyond a reasonable doubt" and then asked whether they "agree with and accept that proposition of law." The court then informed potential jurors in groups and individually that and asked whether they "agree with and accept those propositions of law." In one instance, the court informed a potential juror that and asked, "Do you agree with and accept that proposition of law?"
¶ 7 At trial, Lane testified that defendant is the father of her four-year-old daughter. While they were dating, police were called on separate occasions when defendant "head-butted" Lane in the mouth, requiring a dentist to reposition her teeth; sprayed mace in her eyes; and broke her window with a crowbar, entered her house, and hit her on the leg with the crowbar. Officer Reginald Murray testified that he was working as a school officer at the high school Lane attended in 2010 and observed defendant hit Lane's head on a steel door outside of the school. Defendant was arrested as a result of his actions.
¶ 8 Veronica Morris testified that, on July 5, 2014, her daughter, Wilson, had been dating defendant for about two years. Wilson and her children lived with Morris, along with Morris's goddaughter, Jenail White, White's children, and an uncle. About 11 p.m., on the date in question, Wilson and White were leaving the apartment. Wilson asked Morris to accompany them downstairs because defendant was outside. When the trio walked outside, defendant said he wanted to talk to Wilson and asked her to walk with him. Wilson refused, and along with Morris and White, she went back upstairs. Later, the trio went downstairs, and Morris saw defendant standing directly in front of her, coming into the gate "like he was getting ready to come * * * up the stairs." Morris told defendant she would call the police if he did not leave. She took her phone out of her pocket and dialed 911. Defendant "snatched the phone" from Morris and told the operator that they did not need the police and disconnected the call.
¶ 9 Defendant took Morris's cell phone and ran. She chased him but stopped because her daughters were behind her. Morris said, "F* * * it, you can keep the phone," and started walking back to her apartment. As she did, she heard Wilson screaming that defendant had a gun. Morris turned and saw that defendant had a gun in his hand and was running toward them. Wilson and White were closer to the apartment at this time. Morris grabbed defendant around the waist and grabbed his arm as he held the gun. Morris demonstrated for the jury how defendant was holding the gun, in his right hand with his arm extended. She said defendant was pointing the gun at Wilson. Defendant pulled his arm away from Morris and fired the gun three to four times. Then, he took the gun and Morris's phone and ran. Morris started chasing defendant but stopped when Wilson called, "Mom, come back, I'm shot." Wilson was injured in both legs, near her knees. Morris called 911, using a phone belonging to someone who was in the hallway. On a recording of the call, which was admitted into evidence and published to the jury, Morris shouted, "He shot my daughter," repeated the address, and provided a clothing description of the shooter. Police and paramedics arrived, and Wilson was taken to the hospital.
¶ 10 On cross-examination, Morris explained that she did not see defendant with a gun until Wilson yelled that he had a gun as Morris was coming back to her apartment. Morris said defendant was not shooting toward her; he was shooting at Wilson. Morris admitted that she did not like defendant. Three to four days after Wilson got out of the hospital, she and her children went to Tennessee with defendant. A few weeks after they left, Morris contacted authorities in Tennessee.
¶ 11 On redirect, Morris explained that it was "[l]ike maybe five minutes or so" after she chased defendant and began to walk back to her apartment that Wilson screamed that defendant had a gun.
¶ 12 White testified that, on the night in question, she and Wilson were leaving Morris's apartment to go out with their friend, Brianna Lindsey.1 Wilson asked Morris to come outside with her and White. White saw defendant outside. Defendant said he wanted to talk to Wilson. Morris took out her phone and said she was going to call the police. Defendant "snatched" the phone and "not even a couple minutes after that," Morris said defendant had a gun. White heard three gunshots and saw that Wilson had been shot in the legs. White could not see Morris or defendant at that time.
¶ 13 Morris took White's phone and called the police. Before the shooting, White had also called 911 and the State published a recording of the call to the jury. On the recording, White gave her name as Ashley and reported a domestic incident between her mother and her friend's boyfriend. She did not respond when the operator asked her whether he had any weapons on him. White explained that, when she spoke to police on the scene, she told them her name was Ashley because she knew both defendant and Wilson and did not want to get involved. White acknowledged that she had been convicted of a narcotics offense and had a pending charge for retail theft at the time of trial.
¶ 14 Wilson testified that she started dating defendant in 2013. On April 3, 2014, defendant hit Wilson in the eye with his fist while they were at a gas station. The police photographed her injuries, which the State presented as evidence. On May 26, 2014, defendant hit Wilson in the mouth, causing a cut.
¶ 15 On July 5, 2014, as Wilson left the apartment, she asked her mother to accompany her downstairs because she believed defendant was outside. Defendant tried to talk to Wilson, and Morris told him "no." Wilson spoke with him, and then she went back upstairs with Morris and White. A while later, they went downstairs again, and defendant was outside, standing inside of the gate to their apartment building. Morris said she was going to call the police and took out her phone. Defendant "snatched" the phone out of her hand and started running. Morris chased him but then abandoned the chase and started heading back to her apartment.
¶ 16 Wilson testified that she was still able to see defendant when he ran up the street with Morris's phone. As defendant and Morris were arguing, Wilson saw defendant holding a gun. Defendant's right arm was extended, and he was pointing the gun at Wilson, who turned and ran but was shot in both legs. Wilson fell on the steps in the hallway. Defendant was about 15 feet away from Wilson when he shot her.
¶ 17 Police and an ambulance arrived, and Wilson was taken to the hospital. She explained that a bullet went through her right leg. The bullet that entered her...
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