People v. Stewart
| Citation | 463 N.E.2d 677,101 Ill.2d 470,79 Ill.Dec. 123 |
| Decision Date | 22 February 1984 |
| Docket Number | No. 54451,54451 |
| Parties | , 79 Ill.Dec. 123 The PEOPLE of the State of Illinois, Appellee, v. Walter STEWART, Appellant. |
| Court | Supreme Court of Illinois |
Tyrone G. Fahner, Atty. Gen., Michael B. Weinstein, Asst. Atty. Gen., Chicago, for appellee; Richard M. Daley, State's Atty., County of Cook, Chicago, Michael E. Shabat, David A. Stoioff, Asst. State's Attys., of counsel.
The defendant, Walter Stewart, pleaded guilty in the circuit court of Cook County to the murders of two persons, the attempted murder of a third person, and the armed robbery of the Empire Jewelry Store in Berwyn. Linda Manzano, who was shot in the course of the robbery, was the proprietor of the jewelry store. The two persons who were murdered, Danilo Rodica and Thomas Pavlopoulos, were Ms. Manzano's brother and her boyfriend. The defendant was apprehended by two Berwyn police officers as he fled the scene of the robbery with a black case containing some jewelry. In the circuit court of Cook County, after the State had read the facts into the record, the trial judge found the defendant guilty of the murders of Danilo Rodica and Thomas Pavlopoulos, the attempted murder of Linda Manzano, and the armed robbery of the jewelry store. The trial judge, at the conclusion of the death sentencing hearing, imposed the death sentence for the two murders and two 30-year concurrent prison terms for the attempted murder and the armed robbery. This appeal comes directly to this court from the circuit court pursuant to our Rule 603 (87 Ill.2d R. 603).
On July 31, 1980, the defendant waived his right to a jury trial. The defendant also changed his plea from not guilty to guilty on that day. Subsequent to the imposition of the sentences in this case, the defendant moved to withdraw his guilty pleas. The defendant contended that he had not received the admonishments that are required by our Rule 402 (87 Ill.2d R. 402). The defendant contended that the judge had no basis upon which to determine that his pleas were entered voluntarily or whether he understood the nature of the charges against him. The trial judge denied the defendant's motion. On appeal before this court, the defendant asserts 12 issues which he believes constitute reversible error and grounds for reversal of his convictions and require a new trial. We do not agree with defendant's assertion on any of the 12 issues he raises and therefore affirm his convictions and the sentences which were imposed.
On Sunday, February 10, 1980, Danilo Rodica, his nine-year-old daughter Joann, and Laura Landsinger all arrived at the Empire Jewelry Store at approximately 11 a.m. to open the store for business. At 1:30 p.m., the defendant entered the jewelry store wearing a beige trench coat, a light blue jogging suit, and dark sunglasses. The defendant asked Laura Landsinger to show him some men's diamond rings in the various display cases. In each instance, Laura would show the defendant the ring and inform him of the size of the diamond and the price. The defendant went from display case to display case inquiring as to the price of numerous items. Two other customers entered the store and Laura went to wait on them while the defendant continued to look at the display cases. Laura was putting new batteries in the customers' watches when she glanced At approximately 4 p.m., Linda Manzano, the proprietor of the jewelry store, and her boyfriend, Tom Pavlopoulos, came into the jewelry store. Linda and Tom had gone to the store that day because Tom's cousin, Evelyn Pavlopoulos, was coming to the store to buy a gift for her boyfriend. Linda waited on Evelyn and Evelyn left with her purchase. Linda and Tom, at Tom's suggestion, decided to wait until closing time and all leave together.
[79 Ill.Dec. 126] up and saw that the defendant was no longer in the store.
Between 4:30 and 5 p.m., the defendant again came into the store. He was now dressed in a light brown shirt, a brown vest, a thin brown tie, and the beige trench coat he had worn earlier when he had come into the store. He was carrying a brown leather and tweed briefcase. When the defendant entered the store, he walked over to counter number one, which was located in the rear of the store. Both Laura and Linda were standing behind that counter. Joann was in the back of the store sitting on a stool behind a shelf. Danny and Tom were standing near the desk and the safe in the rear northeast corner of the store. Linda asked the defendant if she could help him, but he requested that Laura wait on him and show him a ring in counter number one. Laura showed the defendant the ring he demonstrated an interest in. The defendant again asked to see several other diamond rings and inquired as to their size and value. Tom walked to the front of the store and sat on a heater. Linda began to wait on defendant when Laura was not sure about the prices of some of the rings. Linda showed defendant about eight rings. The defendant inquired whether it would be possible for him to pay with a check. Laura told the defendant that he could pay with a check if he had a driver's license. Danny interjected that because it was Sunday and the banks were closed there was no way for the bank to certify the check and therefore that a check would not be accepted. Linda suggested that the defendant pay with a charge card, but the defendant stated that he could not because he had already charged too much on his credit cards. Tom signaled Linda to hurry up and finish waiting on the defendant because it was getting late and they should close up. Linda explained that they were about to close and asked the defendant to come back on Monday.
As Linda was speaking to the defendant, he reached inside his coat and pulled out a .32-calibre blue steel revolver and pointed it at Linda and Laura. The defendant announced that it was a "stick-up" and that nobody should move. At the defendant's insistence, Tom came over to where Laura and Linda were standing. The defendant put the gun in his left hand and also held the briefcase he had brought with him in that hand. He rested the briefcase on the counter, reached over the counter, and began removing diamond rings and putting them in the case. The defendant did this many times until he could not reach any more rings. The defendant then ordered Linda to hand him the rings and watches from the display case. Linda followed his command and gave him all the jewelry he pointed out. The defendant then walked backwards toward the door with his gun still pointed at all of them. He warned them that they should not do anything because he had two "coke" dealers waiting outside.
The defendant left the store, carrying the briefcase with the jewelry in it. Linda Manzano watched the defendant after he left the store. She did not lose sight of him. Linda saw two men waiting outside for the defendant. The defendant was speaking to them; then he came back into the jewelry store. He stepped half-way into the store and again warned everyone that he had company outside and they should not move. The defendant told them that they should not do anything foolish because the two men outside could blow up the place. He then stepped out of the store.
Laura moved around the shelf to the rear of the store where Joann Rodica was sitting on a stool. A few minutes later she After Linda stepped back, the defendant shot her in the abdomen from approximately 5 feet. Linda fell backwards and Tom and Danny moved towards the defendant. Laura heard the first shot and pushed Joann under a shelf in the back of the store. Laura stayed in back and pushed the hold-up button. Linda saw Tom and Danny struggling with the defendant. Tom grabbed the defendant's gun hand and Danny jumped on the defendant's back. Linda saw the defendant's hand slip from Tom's grip, heard a shot and saw her brother fall down, knocking over a display counter.
[79 Ill.Dec. 127] looked through a one-way mirror and saw the defendant reenter the store for the third time. The defendant was carrying another briefcase when he came back into the store. This briefcase was black. Defendant ordered Linda to put the remaining rings from display counter number one into the briefcase. After Linda finished putting the jewelry into the case, the defendant waived his gun sideways, ordering Linda, Tom and Danny to move together. Neither Tom nor Danny moved. After the defendant ordered them to move many times, Linda took one step backwards.
Two more shots were fired and Tom was still struggling with the defendant. Linda jumped on defendant's back, scratched his face, and pulled him away from Tom. The defendant shot Tom and pushed Linda to the ground. The defendant went over to Tom. Tom had stopped moving. The defendant then saw Danny's body convulsing. Linda testified that the defendant pointed the gun at Danny and shot him again.
The defendant jumped over the counter and ran to the rear of the store where Laura and Joann were hiding. Joann testified that she could hear her aunt Linda screaming. The defendant pointed his gun about 18 inches from Laura's face and yelled at her, demanding to know where his briefcase was located. Linda testified that Laura shouted, "Please don't kill me, don't shoot me." Linda heard a "click." The defendant then jumped over Danny's body and ran out of the store.
There were two witnesses, Kathleen Denwood and David Dyrek, who were shopping in Cermak Plaza on the day of the robbery. After seeing the defendant in the jewelry store with a gun, they ran into the Walgreen's store. The couple asked Nina Beck, a salesclerk at Walgreen's, to call the police. Nina ran over to the camera department and told Julie Osisco, a co-worker, to...
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