People v. Trimble

• Decision Date: 08 August 1991
• Docket Number: No. 1-88-1271,1-88-1271
• Citation: 220 Ill.App.3d 338,580 N.E.2d 1209,162 Ill.Dec. 790
• Parties: , 162 Ill.Dec. 790 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Aaron TRIMBLE, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 1209

580 N.E.2d 1209

220 Ill.App.3d 338, 162 Ill.Dec. 790

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Aaron TRIMBLE, Defendant-Appellant.

No. 1-88-1271.

Appellate Court of Illinois First District, Fourth Division.

Aug. 8, 1991.

Rehearing Denied Oct. 25, 1991.

[162 Ill.Dec. 791] Randolph N. Stone, Cook County Public Defender, Chicago (Shelton O'Neal Green, Asst. Public Defender, of counsel), for defendant-appellant.

Jack O'Malley, Cook County State's Atty., Chicago (Renee Goldfarb, Mary Brigid Kenney, and Kenneth T. McCurry, Asst. State's Attys., of counsel), for plaintiff-appellee.

Justice JOHNSON delivered the opinion of the court:

After a bench trial, defendant, Aaron Trimble was found guilty of two counts of murder (Ill.Rev.Stat.1987, ch. 38, pars. 9-1(a)(1), 9-1(a)(3)), home invasion (Ill.Rev.Stat.1987, ch. 38, par. 12-11(a)(1)), attempted armed robbery (Ill.Rev.Stat.1987, ch. 38, par. 8-4), and armed violence (Ill.Rev.Stat.1987, ch. 38, par. 33A-2). He was sentenced to concurrent terms of 40 years for murder, 30 years for home invasion, 15 years for attempted armed robbery, and 30 years for armed violence.

The following issues are before this court for review: (1) Whether the State knowingly used perjured testimony at trial; (2) whether the multiple convictions and sentences violated defendant's right to due process of law; (3) whether defendant received a fair trial in which the trial court received and considered competent evidence; (4) whether the trial court properly found defendant guilty beyond a reasonable doubt; (5) whether defendant received a fair sentencing hearing; and (6) whether the trial court abused its discretion by imposing the maximum possible sentence for each offense.

We affirm in part and vacate in part.

BACKGROUND

On May 21, 1986, Hattie Bennett resided with her 10-year-old son, Willie Bennett, in a first floor rear apartment located at 14905 Page in Harvey, Illinois. Around 2:30 a.m. on that date, Bennett was at home with her son who was asleep in his bedroom. Bennett testified that at that time, she heard an automobile stop behind her apartment and saw the victim, Harold Sylvester, and his friend. She stated that Sylvester's friend, defendant, and several other people gathered in front of the apartment building, while Sylvester entered her apartment. Then, Bennett told the court, she locked her metal door which was just outside of the door to her apartment. She also stated that both the defendant, and James Amos, his codefendant, had keys to her metal door.

Bennett further testified that shortly thereafter, defendant and James Amos broke through her locked interior living room door. She stated that defendant had a shotgun in his hand when he entered the room. Detective Dennis Hinkle of the Harvey Police Department later testified that the door "could be opened with a small amount of pressure." Bennett's testimony revealed that defendant demanded $40 from Sylvester as payment for repairing his car. Sylvester responded by stating that he had a job and would pay defendant the money. When defendant continued to threaten him, Sylvester stated that he would ask his mother for the money. Defendant then told Amos to "up the missile" on Sylvester. Bennett later testified that the word "missile" meant gun. Amos then handed defendant a pistol and defendant, in turn, handed Amos his shotgun. After defendant obtained the pistol, he waved it at Sylvester, taunting him. Defendant and Sylvester continued to argue about the money. At one point Sylvester dropped a chewing gum wrapper on the floor. He stooped to retrieve the wrapper; upon resuming an upright position, defendant shot him in the chest.

Bennett further testified that immediately after Sylvester was shot, Amos said, "[g]et the man to the hospital, he's dying." She stated that the victim walked out of the rear door. Defendant then attempted to lift him into his car and take him to the hospital; however, Sylvester fell to the ground and died.

Willie Bennett testified that just prior to the fatal shot, defendant and the victim were standing at opposite ends of a table. Based upon a demonstration in the courtroom, the court estimated that Sylvester and defendant were standing 9 or 10 feet apart just prior to the shooting. Willie also testified that Sylvester bent over to pick up a gum wrapper and that defendant "stepped up a little * * * further and shot [the victim]."

Willie Bennett was interviewed by Detective Hinkle shortly after the shooting. Willie later testified. He stated he informed Detective Hinkle that he was asleep in his room and that he was awakened when he "heard a noise like a gunshot." He also told the detective that he asked his mother about the noise and she replied that it was "the door." He further stated that he told Detective Hinkle that he saw the victim holding his chest and bleeding.

On cross-examination, Willie stated that he was interviewed by Detective Hinkle in a room separate from his mother on the morning of the shooting; he told the detective that he "was asleep and awakened by a gunshot[;]" and that he then "saw Harold Sylvester holding his chest and bleeding." Willie admitted that after he had spoken with the detective he talked to his mother about what had happened, and she told him some information about the incident that he did not know previously.

Dr. Shaki Teas, a forensic pathologist and an assistant Cook County Medical Examiner, testified by way of stipulation that the cause of the victim's death was a gunshot wound to the chest. Dr. Teas conducted an autopsy upon the victim. Upon her examination of the decedent, Dr. Teas noted that "[t]he entrance wound showed an area of * * * stippling," which are "little specks of powder that are embedded in the skin itself * * *." Dr. Teas concluded that stippling is "an indication [of a] * * * close range or intermediate gunshot * * * indicating [that] the distance where the bullets entered and the barrel of the gun were fairly close * * * anywhere from a [distance of a] few inches to a maximum of about 2 feet."

Shortly after the shooting, Detective Darwin Adams of the Harvey Police Department arrived at the scene of the incident in response to a report that shots were fired. Detective Adams called an ambulance for the victim and then spoke to Hattie Bennett. Detective Adams later testified on cross-examination that he did not see any physical evidence that Bennett's door had been broken.

Hattie Bennett later identified photographs of defendant and James Amos. On July, 5, 1986, Detective Jeff Wilkins of the Harvey Police Department arrested defendant at a bar in Markham, Illinois. Following his arrest, defendant initially refused to cooperate in the fingerprinting process. Amos was also arrested. The prosecutions against the two defendants were severed.

At trial, defendant testified that during the year preceding the shooting he had visited Hattie Bennett's apartment "a bunch of times" in order to purchase and sell cocaine and marijuana. He stated that on May 21, 1986, he and James Amos went to her apartment around midnight in order to sell drugs; he was armed with a loaded .38 caliber handgun at the time. He stated that Harold Sylvester arrived at the apartment sometime later and purchased a syringe from Hattie Bennett for $2. Defendant further testified that he and Sylvester began to argue over money that Sylvester owed him. During the argument, he pulled out a gun which he intended to use to strike Sylvester. However, when he attempted to hit him in the head with the gun barrel, Sylvester raised his arm to block the blow and tried to take the gun. Defendant stated that at that time, the gun discharged and a bullet struck Sylvester. The court stated that it found defendant's testimony "far less than credible." On November 3, 1987, the court found defendant guilty on all counts.

On April 12, 1988, the trial court conducted a death penalty hearing for which defendant waived a jury. The court found that defendant was eligible for the death penalty. During the second phase of the hearing, the parties entered into a stipulation regarding defendant's prior juvenile adjudications and an adult conviction. The State then presented evidence in aggravation by way of stipulation that defendant's criminal history included juvenile adjudications for felony theft. One such case resulted in defendant being sentenced to 1 year of probation, and the second case resulted in his being sentenced to a term of 1 year and 8 months in the Juvenile Department of Corrections. In addition, four other cases were referred to juvenile court that resulted in defendant's detention in the Audi Home Detention Center.

The State also called Detective Ray Cobb as a witness in aggravation. Detective Cobb testified that he was previously employed as a juvenile officer for the Harvey Police Department and that while he was employed in that capacity he had several contacts with defendant. Detective Cobb testified that he arrested defendant and another adult on the charges of murder and armed robbery. The charges against defendant were later dismissed by the juvenile court. Detective Cobb also testified that on six separate occasions various charges against defendant were not referred to the juvenile court but were "station adjusted[.]" Detective Cobb stated that he attempted to help defendant by using his discretion to resolve several matters by making "station adjustments," and by speaking to defendant's parents.

On cross-examination, defense counsel asked Detective Cobb if his function as a juvenile officer was more similar to that of a law enforcement officer or to a "juvenile youth counselor." On re-direct, the State asked questions regarding the officer's counseling functions. Detective Cobb stated during re-direct that if defendant had requested help in finding a job or help with school work, he would have attempted to assist him.

The...