People v. Williams, 4-86-0520

• Decision Date: 31 December 1987
• Docket Number: No. 4-86-0520,4-86-0520
• Parties: , 115 Ill.Dec. 334 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Claxton Harmon WILLIAMS III, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 745

517 N.E.2d 745

164 Ill.App.3d 99, 115 Ill.Dec. 334

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Claxton Harmon WILLIAMS III, Defendant-Appellant.

No. 4-86-0520.

Appellate Court of Illinois,

Fourth District.

Dec. 31, 1987.

Rehearing Denied Jan. 26, 1988.

Frederick F. Cohn, Chicago, for defendant-appellant.

Craig H. DeArmond, State's Atty., Danville, Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, Michael Blazicek, Staff Atty., for plaintiff-appellee.

Justice SPITZ delivered the opinion of the court:

After a jury trial, defendant was convicted of murder, aggravated battery, armed violence, and unlawful use of a firearm by a felon. Defendant was sentenced to 40 years' imprisonment for the offense of murder, 30 years for the offense of armed violence, consecutive, and 5 years for the offense of unlawful use of a firearm by a felon, consecutive, for a total sentence of 75 years. In this direct appeal from the foregoing convictions and sentences, defendant raises 14 separate alleged errors. On September 16, 1985, defendant was charged by information with four counts of murder, one count of aggravated battery, one count of armed violence, and one count of unlawful use of a firearm by a felon. On January 6, 1986, a jury trial commenced to hear evidence regarding these charges. As the parties are well aware of the facts of this case, and the issue of reasonable doubt has not been raised, only a fairly brief summary of the extensive testimony which was presented in the case is initially set forth, and additional facts are related as necessary in the analysis of the individual issues presented for review.

Robert Givens testified on behalf of the State. He stated that during the late evening hours of September 14 and the early morning hours of September 15, 1985, he was in the area of the Modest Tavern. His cousin, the murder victim, Clayton Woods, called him to the outside, near the tavern. The witness saw the defendant, whom he had known for 10 years, exit a car and go across the street. The witness testified that the victim was approximately 5 feet tall, and weighed 135 pounds, and that the defendant was 6 feet tall, and weighed 180 pounds. He testified that he saw the defendant with something in his hand, and that he hit Mary Duckworth, the victim of the aggravated battery, across the face, saying, "I told you I was going to get you." Givens testified that he thought the defendant had a gun because something shiny was in his hand, and later he saw the defendant point a derringer at him. He identified the gun used by the defendant. Givens further testified that after Duckworth fell down, Woods approached the defendant, but after seeing the gun, Woods stepped behind Givens to shield himself from the defendant. Givens, who had his arm in a cast, stood there while Woods locked his arms around Givens' waist. Givens testified that the defendant cocked the gun, came over the top of Givens, and struck Woods with the gun, knocking him to the ground. According to Givens, Woods had nothing in his hands and made no aggressive movements toward the defendant. Givens testified that the defendant kicked the victim, who was curled up, between five and seven times. The defendant stopped and appeared to be leaving when he saw a knife. According to Givens, he then stated "[w]ell, look what I've got here," and stabbed Woods three to four times. Givens stated that the victim did not possess anything to defend himself with during the stabbing. Givens also testified that the final time the defendant stabbed the victim, the defendant went to pull out the knife, but the knife remained inside the victim's body, so the defendant went back with his hand to pull it out. The defendant ran to the car, and Givens tried to get the victim into the tavern. Givens stated that while the victim struggled to get inside, the defendant returned, either striking or stabbing the victim again, knocking him into the doorway. He kicked Woods again and then left. The witness testified that he did not see Mary Duckworth with a weapon, nor did he see her make any aggressive movements toward the defendant. The witness heard the victim Woods ask the defendant why he was doing this, to which the defendant responded that he should not mess with his niece.

James Grayson, another witness to the stabbing, testified that he initially saw the defendant sitting in a car across the street from Modest Tavern. The defendant exited, walked toward Mary Duckworth, and struck her in the face. She questioned him as to why he was doing this, but the defendant did not respond. The witness continually watched the incident and never saw an object in Duckworth's hand. The victim Woods then came over, and the defendant pointed a gun at him. The victim Woods shielded himself behind Robert Givens, and the defendant told Givens to move. Givens responded, "I'm not holding him, he's holding me." Grayson testified that the defendant hit the victim in the head with the gun, and he fell to the street. He was then kicked and stomped by the defendant while he attempted to cover up. As the victim tried to get up, a straight-blade knife fell from his clothing. With the gun in one hand, the defendant stabbed the victim three to four times in the chest with that knife. Grayson testified that the victim then got up, took three steps, and fell. Grayson then left the area. He testified that he never saw the victim or Mary Duckworth provoke the defendant. He also identified the gun used by the defendant.

Four other eyewitnesses, including Mary Duckworth, the victim of the aggravated battery for which defendant was convicted, presented testimony which substantially corroborated the testimony of Givens and Grayson.

Claxton Harmon Williams, Jr., the defendant, age 37, testified in his own behalf. He stated that on September 14, 1985, he was riding in a car with Noah Rife and Celena Young. Defendant stated that Rife had been having problems with his girlfriend and wanted to talk. They drove into the country, but had no weapons. They stopped at a package liquor store and purchased one quart of beer and a soda. The beer was later emptied out at the request of police officers after defendant and Rife were stopped while urinating on a roadway. After a vehicle search, they were permitted to leave. The defendant testified that he did not drink because he was not feeling well. He denied looking for Clay Woods or Mary Duckworth. While driving from the country to the Modest Tavern, the defendant claimed that he slept in the car.

Defendant testified that while they were parked in front of the tavern, an individual approached the car and indicated that Woods and Duckworth were at the Modest Tavern. Defendant testified that this individual, whom he refused to identify, gave defendant a handgun. Defendant testified that he did not want the gun and placed it on the floor of the car. He exited the vehicle and went across the street to speak with Duckworth and Woods. Defendant testified that he approached Duckworth and asked her about an incident involving his cousin. Defendant testified that she denied any knowledge of this incident, became belligerent, and refused to speak with him about the incident. The defendant stated that he saw her hand in her purse, and claimed that he saw a knife inside. He further testified that she reached for it, and he screamed, "[d]on't pull any knife on me," so he struck her with his fist. Defendant then stated that Clay Woods was right there, and he was pulling for a knife, which he always carried, so the defendant jumped on him. The defendant claimed that he had no weapons at that time. According to defendant's testimony, he and Woods were fighting for the knife, and they went to the ground. The defendant remembered having control of the knife but did not recall stabbing the victim. As others approached, the defendant believed that they were going to jump him, so he ran to the car to get a gun. The victim ran into the Modest Tavern. The defendant stated that he knew the victim had a knife and was capable of using it. He further stated that he ran after the victim and remembered swinging at him and cutting him. He claimed that he then left the tavern and suddenly saw Mary Duckworth in the doorway. Thinking she had a knife, he cut her in the face, and then drove to the Fair Oaks housing project. The defendant admitted speaking to Kelly on September 8 about the incident wherein Kelly was injured and looking for Mary Duckworth on that date, but he was unable to find her. The defendant testified that Duckworth and the victim had a reputation for using knives. The defendant denied making a statement at the public safety building that "he had to do it to get even because they cut my niece, Lisa." His cousin Kelly was not known as Lisa. The defendant did not recall describing to the police the manner in which Kelly was cut. The defendant testified to being present during two incidents where he witnessed Clay Woods stab others without reason.

On cross-examination, the defendant testified that he was 5 feet 10 1/2 inches tall, and that he weighed 165 pounds. He stated that he "imagined" that he stabbed the victim, agreeing that he did not see any other person stab, kick, or hit the victim that evening. The defendant denied exiting his car and walking away while the police attempted to stop him. He admitted talking to Kelly after the incident wherein Kelly was allegedly cut by Duckworth, but he testified that he looked for those responsible only on the evening that Woods was killed. Defendant admitted that the incident wherein Kelly had been cut had upset him and he did not like it. Defendant testified that he knew both the victim and Mary Duckworth carried knives and had reputations for using them. When the defendant exited the vehicle near the tavern, he knew that Clay Woods was there. D...