People v. Watts, 5-87-0033

• Decision Date: 08 March 1990
• Docket Number: No. 5-87-0033,5-87-0033
• Citation: 195 Ill.App.3d 899,552 N.E.2d 1048
• Court: United States Appellate Court of Illinois
• Parties: , 142 Ill.Dec. 307 PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Frank WATTS, Defendant-Appellant.

Page 1048

552 N.E.2d 1048

195 Ill.App.3d 899, 142 Ill.Dec. 307

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Frank WATTS, Defendant-Appellant.

No. 5-87-0033.

Appellate Court of Illinois,

Fifth District.

March 8, 1990.

Rehearing Denied April 5, 1990.

Daniel D. Yuhas, Deputy Defender, Patricia G. Mysza, Asst. Defender, Office of the State Appellate Defender, Springfield, for defendant-appellant.

John Baricevic, State's Atty., Belleville, Kenneth R. Boyle, Director, Stephen E. Norris, Deputy Director, Ellen Eder Irish, Staff Atty., Office of the State's Attys. Appellate Prosecutor, Mt. Vernon, for plaintiff-appellee.

Justice CHAPMAN delivered the opinion of the court:

Defendant, Frank Watts, appeals from a judgment of the circuit court of St. Clair County finding him guilty of murder (Ill.Rev.Stat.1985, ch. 38, par. 9-1(a)(1)), attempted murder (Ill.Rev.Stat.1985, ch. 38, par. 8-4(a)), aggravated battery (Ill.Rev.Stat.1985, ch. 38, par. 12-4(a)), and armed violence (Ill.Rev.Stat.1985, ch. 38, par. 33A-2). Defendant was sentenced to terms of imprisonment of 30 years for murder, 12 years for attempted murder, 12 years for armed violence, and five years for aggravated battery. The court ordered that the 30-year term run consecutive to the remaining concurrent terms.

On July 3, 1986, an indictment was filed charging defendant with the murder of John Allen Cole, and two counts each of attempted murder, aggravated battery, and armed violence committed against Kelvin O. Smith and Christopher Cole. On November 17, 1986, the court severed the three counts of the indictment pertaining to Kelvin O. Smith because Smith had been seriously injured while on reserve duty in California and would not be available for trial. On February 26, 1987, the circuit court granted the State's motion to dismiss those charges. On September 16, 1986, a motion to suppress defendant's confession was filed by defendant.

At the suppression hearing the State called Detective Lenzie Stewart of the East St. Louis Police Department, who took defendant's statements. Stewart testified that while defendant's statement was being taken, other detectives were present in the area. Detective Henry was 30 to 40 feet north of defendant, Detective Walker was approximately 10 feet across from Stewart's desk, Detective Sergeant Cowan was seated at the entrance to the detectives' room, about 20 to 30 feet away from defendant, and Detective Ron Matthews was in the south office talking to defendant's girl friend. Stewart testified that none of these officers talked to defendant while he was being interrogated. Detective Henry testified that he did not talk to defendant. Detective Sergeant Cowan testified that he did not speak to defendant nor to Detective Lenzie Stewart while Stewart was interrogating defendant. Detectives Walker and Matthews did not testify at the suppression hearing. At the close of the hearing, the court found that the statements were voluntary. The trial began on November 17, 1986, and concluded on November 24, 1986. The following facts were adduced at the jury trial.

John Allen Cole was killed on the evening of May 12, 1986, at the Gompers Homes, a housing project in East St. Louis. His brother, Christopher Cole, was injured by a .22 caliber bullet on the same evening. In the hours preceding the shootings, John Cole had been playing basketball with several youths at the Gompers Homes. Antonio Foster was involved in the basketball game with John Cole as a member of the opposing team. Foster called a foul against John Cole, and an argument ensued. After the argument ceased, John Cole went away from the basketball court toward the parking lot and across the lot to his girl friend's apartment, which was located in the 8 building.

Foster, still angry, then left the basketball area on foot with some friends, including Clover McKinney, Sean Clark, and Derrick Powell. This group, along with some other youths, ended up at defendant's house on Cleveland Avenue in East St. Louis. While much of the testimony of this group is similar, there are enough discrepancies to discuss each witness' testimony individually.

Antonio Foster testified that he had never met defendant before May 12, 1986. Initially, when Foster and the others arrived at the defendant's house, defendant was not home. After a few minutes, defendant drove up in a car. Defendant got out of the car and talked to Clover McKinney. Defendant then went into his house and came out with a black gun. Foster identified People's Exhibit No. 5 as the gun that defendant retrieved out of the house. Foster then went back to the basketball court at the Gompers Homes and told those at the court to "get off the court. Because they are coming over to shoot up the m----- f------ playground." Foster stated that approximately 30 seconds after he had warned the people on the basketball court he saw defendant with Sean Clark and Clover McKinney. Defendant and Sean Clark were both armed. Foster said defendant was carrying a black rifle which he identified as People's Exhibit No. 5, while Sean Clark was carrying a rifle which was identified as People's Exhibit No. 6. Clover McKinney was unarmed. Defendant, Sean Clark, and Clover McKinney then walked toward the 8 building looking for John Cole. Foster then got in Charles Williams' car. Williams was one of the people Foster had warned to leave the basketball area. They headed for the 401 Liquor Store on Martin Luther King Avenue in East St. Louis, in an attempt to locate John Cole. When Foster arrived at the 401 Liquor Store, a man at the store told him that John Cole had just bought a beer and had left. Foster indicated that it is approximately a 45-second walk from the 401 Liquor Store to the Gompers Homes. About 30 seconds after Foster was told that John had left, he heard approximately four or five gunshots. Thirty minutes to an hour later, Foster went to the East St. Louis police station to make a statement in order to let the police know he was not involved in the shooting.

On cross-examination, Foster acknowledged that he gave a statement to the police that night, but he did not remember telling the police: "Frank Watts and Sean Clark was about 40 feet away from John Cole, Christopher Cole, and Kelvin Smith when he started shooting at them." Foster instead maintained that he did not see the shooting. Detective Sergeant Cowan testified that he took Foster's statement, which included the above-mentioned quote. Cowan stated that Foster also told him that he got into Charles Williams' car and drove off after the shooting started and that Watts and Clark were the only two people he saw with guns.

Clover McKinney testified that he was with Derrick Powell and Sean Clark at the parking lot close to the basketball court. Clover McKinney heard the fight between Antonio Foster and John Cole over a foul. He estimated that the fight had lasted approximately three or four minutes when he stepped in and pulled Foster away. After the argument ended, Clover McKinney saw John Cole walk toward his girl friend's house. McKinney and Foster went around the administration building and found McKinney's girl friend to get money from her. McKinney saw that Foster was upset over the fight and was trying to calm him down.

Clover McKinney testified that he, his brother, Marlo McKinney, Derrick Powell, Antonio Foster, Stacy Evans, and Sean Clark all walked to defendant's house to get guns. According to Clover McKinney, at this point Sean Clark already had a .25 caliber pistol and he wanted to get some ammunition from defendant. Clover McKinney lived on the same street as defendant and had known defendant since he was a small child. Defendant was not home upon the group's arrival, but defendant soon drove up and stopped. Clover McKinney told defendant about the argument with John Cole. Defendant then went into his house and came out with a black, .22 caliber rifle, identified as People's Exhibit No. 5 by Clover McKinney at trial. Clover McKinney, defendant, Sean Clark, and Derrick Powell then got in defendant's car and drove to the Phillips 66 station on 7th Street near the Gompers Homes. Clark and Powell walked away and defendant and Clover McKinney went back to the basketball court where the fight occurred. McKinney testified that he was unarmed, but defendant had the black rifle. He stated they saw "a dude named Twist," who pointed them over to the next playground to find John Cole. When they got to the next playground, McKinney saw Christopher Cole, whom he had known for approximately two years. Defendant then told McKinney to leave. McKinney ran on the sidewalk in the Gompers Homes to State Street and less than a minute after leaving defendant, McKinney heard gunshots. Approximately six minutes after hearing the shots, McKinney saw Sean Clark, Derrick Powell, Marlo McKinney, Stacy Evans, and an unidentified youth coming toward the Gompers Homes from State Street. Clark was armed with a .22 caliber rifle which Clover McKinney identified as People's Exhibit No. 6. He knew the gun because his nickname "Stump" was carved in the stock of the gun. Later that evening, defendant came over to the McKinney residence and spoke with Marlo McKinney. Clover McKinney did not see John Cole with a gun.

Derrick Powell testified that he was with Sean Clark and Clover McKinney on the parking lot next to the basketball court. Powell did not hear an argument between Antonio Foster and John Cole, but he saw Cole run past him. Approximately three minutes later he went over to the basketball court and heard Foster talking about the fight he had with John Cole. Then Sean Clark suggested they go to defendant's house, so Powell, Clark, Marlo McKinney, Clover McKinney, and Stacy Evans walked to defendant's house. Powell saw both Clover McKinney and defendant go into defendant's house. Defendant came out with a black rifle which Powell was able to identify as People's Exhibit ...