People v. Young
| Decision Date | 24 April 2006 |
| Docket Number | No. 1-04-2176.,1-04-2176. |
| Citation | 850 N.E.2d 284 |
| Parties | The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. John YOUNG, Jr., Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Defendant, John Young, Jr., appeals from his conviction and sentence for first degree murder after a jury trial. On appeal he contends that the circuit court erred in: failing to suppress a confession he gave to police after his father said that he was going to call his lawyer; adding 25 years to his sentence for discharging a firearm in the commission of the murder; ordering the extraction of his DNA for storage in a state database; and entering convictions for four counts of first degree murder when there was only one physical act and one decedent. For the following reasons, we affirm, but order the correction of his mittimus.
We begin by providing a general account of the facts underlying this case. Additional facts will be set out where necessary to address defendant's specific appellate contentions.
Belinda Hale, Robert Mickey, and Ramona Shields testified in the State's case in chief at defendant's trial. Each testified that the victim, Charles Washington, attempted to break up a fight between defendant and Mickey on the night of October 10, 2001. Hale and Shields explained that defendant then left the scene, but returned and started fighting with Washington. Hale and Shields further stated that defendant left a second time, but again returned, and, at that time, fatally shot Washington.
Approximately three weeks later, defendant was arrested for the killing. While in custody, defendant gave a videotaped confession that was substantially similar to the account of Hale, Mickey and Shields, which was published to the jury. At the time he gave this confession, defendant was approximately two months shy of his seventeenth birthday and had no recorded prior contact with the criminal justice system.
Defendant was subsequently charged with six, largely overlapping, counts of first degree murder. Count I alleged that defendant "without lawful justification, intentionally or knowingly shot and killed Charles Washington while armed with a firearm"; count II alleged that "he, without lawful justification, shot and killed Charles Washington while armed with a firearm, knowing that such act created a strong probability of death or great bodily harm"; count III alleged that "he, without lawful justification, intentionally or knowingly shot and killed Charles Washington with a firearm, and during the commission of the offense he personally discharged a firearm" (the State subsequently elected not to prosecute this charge); count IV alleged that "he, without lawful justification, shot and killed Charles Washington with a firearm, knowing that such act created a strong probability of death or great bodily harm to Charles Washington, and during the commission of the offense he personally discharged a firearm" (the State, likewise, subsequently elected not to prosecute this charge); count V alleged that "he, without lawful justification, intentionally or knowingly shot and killed Charles Washington with a firearm, and during the commission of the offense he personally discharged a firearm that proximately caused death"; finally, count VI alleged that "he, without lawful justification, shot and killed Charles Washington with a firearm, knowing that such act created a strong probability of death or great bodily harm to Charles Washington, and during the commission of the offense he personally discharged a firearm that proximately caused death."
Defendant testified on his own behalf in his portion of the case. He stated that he and his brother were in a confrontation with Mickey and another man, Nasean Taylor. During the confrontation, Taylor pointed a gun at him. Defendant testified that Mickey then punched him and that Washington joined the fray and choked him. Defendant tried to fight them off, in the process pulling out his gun and firing twice. Defendant testified, however, that it was not his intent to shoot Washington, that he shot without aiming. Defendant attempted to explain away his confession by testifying that the police and an assistant State's Attorney had instructed him what to say.
In rebuttal, the State presented the testimony of the youth officer and the assistant State's Attorney involved in the taking of defendant's confession. Each testified that he never coached or observed anyone else coach defendant on what to say.
The jury found defendant guilty of first degree murder and, in answer to a special interrogatory, found that he personally discharged a firearm that proximately caused death during the commission of the offense. The circuit court sentenced defendant to 20 years in prison for the murder and was required to add another 25 years to that sentence under section 5-8-1(a)(1)(d)(iii) of the Unified Code of Corrections (730 ILCS 5/5-8-1(a)(1)(d)(iii) (West 2000)), which provides that "if, during the commission of the offense, the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court." The court entered a mittimus that reflected convictions for all four counts of first degree murder. The court also entered an order for defendant's DNA to be extracted and stored pursuant to section 5-4-3 of the Unified Code of Corrections (730 ILCS 5/5-4-3 (West 2004)).
Prior to trial, defendant filed a "Motion to Suppress Statements." In his motion, defendant alleged that he had not received Miranda warnings, that he had been physically assaulted through a series of slaps during questioning, that police misrepresented that he could go home if he would confess, and that questioning did not cease even though he had requested the assistance of counsel. Chicago police officers Hladik, Jones, Schleder, and Daniels, as well as Assistant State's Attorney Hofeld, private criminal defense attorney Salerno, and defendant's father, John Young, Sr., all testified at the hearing on defendant's motion to suppress.
Officer Hladik testified as to defendant's initial arrest and his transportation to Area 4 police headquarters. Hladik testified that he set up a surveillance of 2732 West Monroe Street around noon on November 2, 2001, acting on a report from another tactical officer that defendant had been seen in that area. During his surveillance, Hladik, in fact, saw defendant walking west on Monroe. He then called his partners to detain defendant. Though defendant fled into the building at 2732 West Monroe upon the officers' approach, the six other officers were able to take him into custody. Hladik explained that none of the officers gave defendant his Miranda warnings at that time because their only intention was to transport him to Area 4, not to interrogate him. Hladik testified that he never slapped defendant and that he never observed any of the other officers at the scene slap him. Hladik denied that anyone ever promised defendant that, if he would give a statement to the police, he could go home. Finally, Hladik indicated that neither he nor any of his fellow officers at the scene fit the physical description provided by defendant of the officers who allegedly abused him.
Detective Jones testified that he met defendant in an interview room at Area 4, during his investigation of the murder of Washington, on November 2, 2001. Jones first conversed with defendant at approximately 2:45 in the afternoon. Also present with Jones were Detective Schleder and John Young, Sr., whom Jones knew to be defendant's father. Jones testified that he began by advising defendant of his Miranda rights by reading them out of a Fraternal Order of Police handbook. According to Jones, defendant indicated that he understood his rights and that he would speak with them. Jones testified that questioning stopped, however, because "John Young, Senior, indicated that he wanted to call an attorney, and * * * to use the telephone." When asked for clarification, Jones testified that John, Sr. indicated that he was calling an attorney for himself, that "he wanted to call his attorney." On cross-examination, however, Jones admitted that he had only documented that John, Sr. asked to call his attorney; he had not documented in his investigation report that John Sr. called the attorney for himself. The detectives allowed John Sr. to use one of the station's telephones. John Sr. told Jones that he would call back and then left Area 4. But, John Sr. never called or came back.
Jones testified that an attorney, Alexander Salerno, did come to the station around 6:30, however. When Salerno arrived, he asked to speak with John Sr. He further inquired if John Sr. was a suspect in the homicide. Jones testified that Salerno never inquired of him if defendant would be charged with any crime, though he admitted that the question might have been asked of his partner, since the asking of that question was contained in an investigation report. Salerno spoke with defendant alone for about five minutes, but, according to Jones, never asked to be present should the police continue questioning defendant. Jones did concede that Salerno inquired if defendant would be placed in a lineup. At one point, defendant, Salerno, Jones and Schleder all stood together at the doorway of the interrogation room. At that time, defendant made no statement that Salerno was his attorney or that he wished to remain silent; his only request was for something to eat and a cigarette.
Jones testified that he gave Salerno his business card and asked him to ask John Sr. to return to the station because he and his partner wanted a parent present...
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