People v. Strong

• Citation: 398 N.E.2d 216,34 Ill.Dec. 541,79 Ill.App.3d 17
• Decision Date: 30 November 1979
• Docket Number: No. 78-1499,78-1499
• Parties: , 34 Ill.Dec. 541 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Sylvester J. STRONG, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 216

398 N.E.2d 216

79 Ill.App.3d 17, 34 Ill.Dec. 541

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Sylvester J. STRONG, Defendant-Appellant.

No. 78-1499.

Appellate Court of Illinois, First District, Fifth Division.

Nov. 30, 1979.

[34 Ill.Dec. 542] James J. Doherty, Public Defender, Cook County, Chicago (Zaven Peter Tokatlian and Suzanne M. Xinos, Asst. Public Defenders, Chicago, of counsel), for defendant-appellant

Bernard Carey, State's Atty., Cook County, Chicago (Marcia B. Orr, Myra J. Brown and Bruce W. Lester, Asst. State's Attys., Chicago, of counsel), for plaintiff-appellee.

MEJDA, Justice:

Following a jury trial, defendant was found guilty of murder (Ill.Rev.Stat.1973, ch. 38, par. 9-1) and was sentenced to a term of 30 to 60 years. On appeal he contends that: (1) the trial court erroneously instructed the jury regarding voluntary manslaughter (Ill.Rev.Stat.1973, ch. 38, par. 9-2(a); and (2) he was not proved guilty beyond a reasonable doubt. We affirm. The following pertinent testimony was adduced at trial.

For the State

Rosie Garret, the victim's mother, testified. On March 25, 1976, she and various members of her family including the victim, Shelley Williams, were going to her sister's house. They rode in two cars. Shelley Williams drove one and she followed in the other. After turning a corner, Shelley stopped his car and Ms. Garret stopped also. She saw defendant getting off a bicycle in the street. Shelley got out of his car and called to defendant. Shelley and defendant talked for a moment and then Shelley called Ms. Garret over to them. Shelley asked her if defendant was the one who had cursed her on an earlier occasion. She responded that he was. Defendant apologized to Shelley who told him to apologize to his mother. As defendant turned toward Ms. Garret, defendant's brother-in-law, George Howard, ran down the street with a pistol and fired two shots but did not hit anyone. Defendant ran over to Howard, told him "he wasn't trying to shoot the m f " and took the gun. Shelley threw up his hands and said he didn't want to fight. Defendant shot Shelley twice and Shelley fell, face down, near a fireplug. Defendant then took several steps toward Shelley and shot him again from a distance of five feet.

Defendant began to run but his escape was cut off by Clarence Williams, Shelley's brother, who drove Shelley's car into a wall, knocking defendant down. Clarence got out of the car and began kicking defendant in the head. Ms. Garret saw defendant's wife approaching with a bat and she took the bat from her. Ms. Garret repeatedly struck defendant with the bat until it hit a wall and shattered. Two policemen then pulled her off defendant. Defendant was immediately taken into custody.

In the meantime, Ms. Garret's brother had taken the gun from defendant and had run to his mother's house with it.

On cross-examination Ms. Garret testified that on March 2, 1976, she had an argument with defendant at her sister Sadie's and her brother Henry's birthday party. Defendant asked her to go out with him but she refused. Defendant was upset by this and said, "Bitch, what do you think, you're too good to go out with younger mens (sic)?" One of her younger sons was present and had told decedent what was said. She was also aware of an argument between members of her family and defendant's family that took place on March 24, 1976, but she was not present at that time.

Ms. Garret denied that anyone threatened defendant or approached him with bats or sticks. She stated that the conversation between Shelley and defendant was peaceful and not an argument until George Howard arrived.

Willie Williams testified. On March 25, 1976, he went to visit Ms. Garret at her home. After she received a phone call, he and other members of her family drove to her sister's house. After stopping at Ms. Garret's sister's house and then her mother's house, Shelley Williams went to get some beer with three others. Willie Williams followed in the second car with Ms. Garret. At one point Ms. Garret stopped and Willie could see Shelley get out of his car. Defendant was on the sidewalk riding a bicycle. Shelley spoke with defendant and then called Ms. Garret. Defendant attempted to leave but Shelley called him back. As Willie got out of the car he heard two shots and saw defendant take a gun from his brother-in-law, saying "Give me that gun, you are not trying to shoot the m f ." Defendant shot Shelley twice and Shelley fell. Defendant took several steps toward Shelley and shot him in the back.

Defendant ran down the street but was cut off when Clarence Williams drove Shelley's car into a wall. Willie did not see what happened afterward because he and several others were putting Shelley into a car.

On cross-examination Willie stated that the conversation between Shelley and defendant was peaceful until defendant threw up his hands to fight.

Clarence Williams, the victim's brother, testified. On March 25, 1976, he rode with his brother Shelley to his aunt's house. On the way they saw defendant on a bicycle and Shelley stopped the car. Shelley got out of the car and spoke to defendant. Defendant put his fists up but then put them down and spoke to Shelley. Shelley waved at his mother's car and his mother went to Shelley and spoke to the two. As Clarence was getting out of the car, George Howard walked up to him. Howard asked what was happening and Clarence told him he didn't know. Howard walked away and Clarence heard a shot. Clarence turned and saw Howard pointing a gun in the direction of a friend. Defendant ran over to Howard, said "Give me that gun, you are not trying to shoot the m f " and took the gun. Defendant shot Shelley twice and he fell to the ground. Defendant then shot him a third time in the back and began running down the street. Clarence got in the car and pulled in front of defendant and struck a wall to cut off his retreat. Defendant ran into the side of the car and fell. Clarence got out of the car and kicked defendant in the face. Henry Williams, Clarence's uncle, disarmed defendant. Ms. Garret, Clarence's mother, came over and beat defendant with a bat. The police arrived and broke up the fight. At that time, Shelley was no longer there.

On cross-examination Clarence said that the conversation between Shelley and defendant was peaceful and that he did not see anyone hit defendant with bats or 2 X 4's before the shots were fired.

Chicago police investigator Geinosky testified that on March 25, 1976, while on duty, he received a radio broadcast directing him to the scene of the shooting. When he arrived he saw two groups of people, one near a white Cadillac and the other on the sidewalk. After speaking with Ms. Garret and her sister Catherine, Geinosky went to George Howard's home and arrested him. After placing Howard in the squad car, he returned to the area of the Cadillac and saw defendant on the ground bleeding heavily from his head. There was blood on the ground around defendant and also some slivers of wood. Another police officer gave Geinosky a five-shot revolver with all five shells expended.

On cross-examination Officer Geinosky testified that he did not see any 2 X 4's or bats at the scene.

Both sides stipulated that, if called, a firearms examiner of the Chicago Police Department would testify that after a comparison of two bullets recovered from the victim's body and a test bullet fired from the revolver recovered by the police, it was his professional opinion that the two bullets from the victim were fired from that revolver.

For the Defense

Defendant testified in his own behalf. On March 24, 1976, at about 7 p. m. he and several friends were listening to music at a friend's house. He heard some noise, looked out the window, and saw a lot of people in front of Mary Collins' house. Janice Howard and Catherine Williams were arguing. He went to Mary Collins' house and she told him that Catherine was arguing because someone had broken her window and had thrown water on her children. While he was there, someone threw a brick through Mary Collins' window. He looked out the window and saw Sadie Williams attempting to throw another brick. Defendant went downstairs and encountered an excited "kind of fat boy" whom defendant attempted to calm down. About five minutes later Ms. Garret and some others arrived and asked defendant what was going on, to which defendant replied that he didn't know. Defendant's wife was arguing with one of the boys who came with Ms. Garret. Catherine Williams walked up Police arrived about ten minutes later and stopped the argument. As Ms. Garret was preparing to leave, Sadie Williams said that she knew Ms. Garret would come back to finish the fight. Ms. Garret replied that she would return the next day.

[34 Ill.Dec. 545] armed with a knife in her hand and defendant intervened and pushed his wife home.

On the following day, defendant was at Mary Collins' house with George Howard and several others listening to music. At one point he left the apartment and borrowed a bicycle to ride. His pant leg became caught in the chain and he stopped to free it. A white Cadillac rounded the corner, stopped suddenly and backed up to within 10 feet of defendant. The driver, Shelley Williams, jumped out and made a profane inquiry of defendant. Defendant was puzzled at first but assumed that Shelley was referring to the events of the past night. Henry Williams also got out of the car and he and Shelley approached defendant. Defendant retreated and Shelley told him not to run. George Howard ran up and asked why the two were chasing defendant. Shelley accused defendant of saying something about his mother and told a little girl to get her mother. At that time a station wagon came around the corner and the occupants jumped out carrying sticks and bats. Shelley told defendant that he was going to knock defendant's head off his shoulders. Catherine Williams arrived and...