People v. Turner, 1-89-3000

• Citation: 240 Ill.App.3d 340,608 N.E.2d 141,181 Ill.Dec. 68
• Decision Date: 10 December 1992
• Docket Number: No. 1-89-3000,1-89-3000
• Parties: , 181 Ill.Dec. 68 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Owen TURNER, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 141

608 N.E.2d 141

240 Ill.App.3d 340, 181 Ill.Dec. 68

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Owen TURNER, Defendant-Appellant.

No. 1-89-3000.

Appellate Court of Illinois First District, Fourth Division.

Dec. 10, 1992.

[240 Ill.App.3d 343] [181 Ill.Dec. 71] Randolph N. Stone, Public Defender, Chicago (Renee C. Graham, Asst. Public Defender, of counsel), for defendant-appellant.

Jack O'Malley, State's Attorney, Chicago (Renee Goldfarb, David Stabrawa & Stephen Ferrucci, Asst. State's Attys., of counsel), for plaintiff-appellee.

Justice LINN delivered the opinion of the Court.

Defendant, Owen Turner, was indicted along with six codefendants on the charges of murder, armed robbery, and conspiracy to commit murder. The trial court granted severances and ordered that all defendants be tried separately. Following a jury trial, defendant was convicted of murder and of armed robbery and received concurrent sentences of 40 years and 30 years, respectively.

On appeal, defendant contends that the trial court erred in (1) admitting evidence of other crimes, (2) admitting testimony by Officer Smulevitz that he took defendant to police headquarters for "the test," (3) penalizing defendant for exercising his constitutional right to a trial, (4) denying his motion to quash arrest and to suppress evidence where the State failed to establish valid consent or exigent circumstances to justify the warrantless entry into defendant's home, (5) denying his motion to quash arrest and to suppress evidence where the State failed to establish that the police officers had probable cause to arrest him, (6) ruling that his arrest on an unrelated charge was not a pretext for holding him on the instant offense, (7) denying his motion to suppress statements where the State failed to establish that those statements were knowingly, intelligently, and voluntarily made, and (8) imposing excessive sentences.

We affirm.

BACKGROUND

The evidence adduced at trial established that the victim, Tijuan Hicks, was robbed and fatally shot at approximately 11:30 p.m. on December 27, 1987, while he was delivering a pizza. The shooting occurred outside the Chicago Housing Authority (CHA) apartment building located at 2514 West Van Buren Street. When Chicago police officers Glenn Turner and Darrin Hill arrived at the scene, they found Hicks' car double-parked in front of the apartment building. The car doors were open, and Hicks' body was lying partially outside of the car. During their investigation, the police discovered that the pizza had been ordered by Cynthia Coleman at the request of Melvin Jones. The police ultimately charged defendant, Jones, and five other codefendants with the shooting and armed robbery of Hicks.

Prior to trial, defendant filed a motion to quash arrest and to suppress evidence which alleged that he was arrested in violation of his fourth amendment right to be free from unreasonable searches and seizures. Specifically, defendant asserted that the officers arrested him without a valid warrant, probable cause, or exigent circumstances.

At the hearing on this motion, defendant's sister, Patricia Ford, testified that she and defendant were at home on December 28, 1987, when three police detectives came to their apartment. When she answered the door, Detective Gene Harris asked whether defendant lived there. Ms. Ford said that he did and indicated that he was in the bathroom. Thereafter, Detective Harris entered the apartment along with the two other detectives. Ms. Ford denied that she had given the officers permission to enter.

Ms. Ford testified further that she heard a knock at the bathroom door and heard Detective Harris tell defendant to come out. After defendant came out of the bathroom, he left with Harris and was handcuffed outside the apartment. On cross-examination, Ms. Ford stated that when she opened the apartment door, Detective Harris identified himself as a Chicago police officer, and she acknowledged that she had not complained that the police entered her house without permission until the motion to suppress was presented. Ms. Ford also testified that defendant was not searched, handcuffed, or advised of his constitutional rights while inside the apartment.

The testimony of defendant's mother, Earnestine Turner, corroborated that of Patricia Ford. Mrs. Turner stated further that Detective Harris said he wanted to bring defendant to the police station for an hour in order to ask him some questions. On cross-examination Mrs. Turner acknowledged that she was not paying much attention when the apartment door was opened. Mrs. Turner also admitted that she had never complained that the police officers entered her house without her consent.

The State called Detective Gene Harris, who testified that on December 28, 1987, he was investigating the shooting death of Tijuan Hicks. At approximately 3 p.m., he and two other detectives went to defendant's home in an effort to learn the whereabouts of Melvin Jones. Harris knocked at the door, and a young woman answered. The detectives then identified themselves, displayed their badges, and stated their reason for being there. According to Harris, the woman identified herself as defendant's sister, and invited them into the apartment.

Detective Harris testified further that the young woman called out to defendant that the police were there and wanted to speak with him. A short time later, another woman identified herself as defendant's mother, and Harris explained to her the purpose of their visit. According to Harris, he and the other two detectives were in the apartment for approximately 35 minutes. During that time, they also spoke with Sharolynn Turner, another of defendant's sisters. After several minutes, defendant walked from the rear of the apartment and into the living room with codefendant Burl Pickett, who identified himself as Lawrence Williams. Harris asked defendant about the shooting of Hicks and inquired as to where they could find Melvin Jones. At that time, defendant agreed to help locate Jones and to accompany the detectives to the police station. Thereafter, defendant went to the station along with the three detectives, his sister, Sharolynn, and Pickett. Detective Harris testified that defendant was not placed under arrest and was not handcuffed when they left the apartment.

When they arrived at the police station at about 4:30 p.m., Detective Harris spoke with defendant and with defendant's sister, Sharolynn. Harris subsequently contacted Sergeant Steele of the public housing police unit in an attempt to locate Melvin Jones. Steele told Harris that defendant was a suspect in an unrelated armed robbery. The victim of that armed robbery was brought to the station, and she identified defendant in a lineup. Defendant was charged with that robbery at approximately 8 p.m. on December 28, 1987.

Detective Harris testified that defendant was still at the police station at 10 a.m. of the following day, when Harris again spoke with Sharolynn Turner. Ms. Turner said she had learned from Fellini Evans that Levy Jackson shot Hicks. Harris later spoke with Fellini Evans, Levy Jackson, Joel Buckingham, and Robert Simmons.

[181 Ill.Dec. 73] At approximately 1 p.m. on December 29, 1987, defendant was charged along with Evans, Jackson, Buckingham, and Simmons with the murder and armed robbery of Hicks. Harris stated that defendant was not handcuffed while he was in the interview room at the police station and that defendant was advised of his constitutional rights after Harris talked to Steele about the unrelated armed robbery.

The defense then called Sharolynn Turner in rebuttal. Ms. Turner stated that the police first came to her apartment at 3 a.m. on December 28, 1987, and asked whether Melvin Jones was there. When Ms. Turner said he was not, they asked about defendant. Ms. Turner said that defendant was home and, after waking him, asked him when he had last seen Jones. After defendant said that he had not seen Jones in several months, the police officers left.

Ms. Turner testified that when she arrived at her mother's house at 10 a.m. that morning, she saw Detective Harris and two other detectives in the apartment. After defendant got dressed, the officers took him to the police station for questioning. According to Ms. Turner, defendant was handcuffed outside the apartment. Ms. Turner stated on cross-examination that she did not leave her mother's apartment when the officers took defendant to the police station, and she denied having a conversation with Fellini Evans in which Evans told her that Levy Jackson was the person who shot Hicks.

Upon consideration of this evidence and the arguments of counsel, the trial court denied defendant's motion to quash arrest and to suppress evidence. In entering his ruling, the trial judge specifically found that the officers had been invited into defendant's apartment, and there had been no forcible entry. The trial judge stated that the police detectives went to defendant's home in an effort to locate Melvin Jones, and defendant was not a suspect in the case at that time. Noting the conflict in the testimony, the court determined that defendant had not been handcuffed outside the apartment and was not under arrest when he was taken to the station. The court also found the testimony of Detective Harris credible and held that defendant voluntarily went to the police station to assist the police in the murder investigation. The court found further that the police had probable cause to arrest defendant on December 29, 1987.

Defense counsel also filed a motion to suppress defendant's statement on the ground that it was not voluntary. At the hearing on this motion, the State called Officer Thomas Jones, who testified that on December 29, 1987, while investigating the shooting of Tijuan Hicks, he spoke with defendant at approximately 8 p.m. in an interview room at the police station....