People v. Wheeler
| Decision Date | 10 March 1970 |
| Docket Number | Gen. No. 53691 |
| Parties | PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Benjamin WHEELER, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Robert H. Aronson, Chicago, for defendant-appellant.
Edward V. Hanrahan, State's Atty., Chicago, for plaintiff-appellee; Elmer C. Kissane, Chicago, Joseph Romano, Asst. State's Atty., Chicago, of counsel.
The trial of Benjamin Wheeler and John McCaskill on a charge of aggravated battery resulted in a verdict of acquittal of McCaskill and conviction of Wheeler. Wheeler appeals from the judgment sentencing him to serve a term in the penitentiary of seven to ten years.
On April 2, 1968, at about 10:00 P.M., Emmett Boyd, an off-duty police officer, was in the vicinity of 58th Street and Calumet Avenue in Chicago. While walking north on Calumet Avenue he saw a man looking out from a gangway. He testified that the man is now known to him as Sylvester Wheeler. When he identified himself to Wheeler as a police officer, Wheeler turned and ran into the gangway. Officer Boyd approached the gangway and at approximately ten feet from the entrance he noticed another man standing just inside. He testified that this second man was the defendant, Benjamin Wheeler. Officer Boyd was able to see that the defendant was wearing a long dark coat, tight dark trousers, and that he was about 6 3 tall. He stated that Sylvester Wheeler was wearing black trousers and a gray sweater, and that he was about 6 1' tall. As Officer Boyd approached the gangway the defendant backed into it about six feet, and although his figure was not distinct, the witness stated that he never lost sight of him, that his coat and right leg remained visible. He saw no weapon in the defendant's hand. A shot from the gangway struck Officer Boyd in the right side of his head, which caused the loss of sight in his right eye after fifty pellets were removed.
On cross-examination Officer Boyd explained that another police officer had told him there was a shooting somewhere between 58th and 59th on Calumet Avenue. He then saw Sylvester Wheeler standing in the gangway, and the events as related occurred. Between 10:15 and 10:30 P.M. that same evening, about half a block from the scene of the shooting of Officer Boyd, other police officers saw two men 'duck' into a basement. One of them escaped, but John McCaskill was apprehended, and in his possession was a shotgun with one spent round in the chamber. He was wearing a coat that was too large for him which, after receiving his Miranda warnings, he said he had obtained from a friend.
At a hearing on a pre-trial motion to suppress the statement made by McCaskill, Officer Kodatt testified that on the evening in question, at about 11:00 P.M., in the lobby of the emergency room at Billings Hospital, McCaskill told him he had obtained the shotgun from 'Bull' whose full name was Benjamin Wheeler, and that Wheeler lived at 5735 South Calumet Avenue. Officer Gallagher testified that when he was questioning McCaskill at the police station another officer entered the room and asked Gallagher where he got the shotgun. When Officer Gallagher said he had found it on McCaskill, the latter said, 'It doesn't belong to me, it belongs to Bull, he told me to pick it up and make it.' Officer Molsby testified that when McCaskill was being arrested he fell, and that as he was falling the shotgun dropped from under his coat. Officer Molsby was present at the time McCaskill told officer Kodatt the gun was Bull's.
The trial court denied the motion to suppress the statement. At the trial the testimony was substantially the same as at the hearing on the motion.
Defendant maintains that the court committed reversible error in not ordering a severance for the trial of Benjamin Wheeler. About a month before the trial the State informed the court and the...
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People v. Davis
...the trial court and before this court, defendant maintained that severance was required on the authority of People v. Wheeler (1st Dist.1970), 121 Ill.App.2d 337, 257 N.E.2d 587. In Wheeler admissions of co-defendant McCaskill were judged harmful to defendant Wheeler. When the co-defendant ......
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People v. Precup
...the defenses were compatible. Upon the issue of severance by the sua sponte act of the court, Harness cites only The People v. Wheeler (1970), 121 Ill.App.2d 337, 257 N.E.2d 587. In Wheeler, the State's Attorney advised the court prior to trial that there would be testimony concerning admis......
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People v. Jones, 78-1796
...to order a severance sua sponte. (People v. Carver (1966), 77 Ill.App.2d 247, 222 N.E.2d 17.) Defendants rely on People v. Wheeler (1970), 121 Ill.App.2d 337, 257 N.E.2d 587, as authority for their position. In that case it was learned before trial that a codefendant had made a statement wh......
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People v. Morrow
...words, 'Shuh, be quiet.' Neither Bruton v. United States (1968), 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 nor People v. Wheeler (1970), 121 Ill.App.2d 337, 257 N.E.2d 587, is relevant; they both involved statements made by a defendant after the crime which inculpated a Kenneth's guilt be......