The People Of The State Of Ill. v. Bomar
| Decision Date | 15 October 2010 |
| Docket Number | No. 3-08-0985,No. 3-08-0986,3-08-0985,3-08-0986 |
| Parties | THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ROBERT L. BOMAR, JR., Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Appeal from the Circuit Court of the 14th Judicial Circuit, Rock Island County, Illinois,
On August 30, 2007, the State charged defendant with the offense of aggravated battery with a firearm, and on September 21, 2007, the State filed additional charges for the offenses of aggravated discharge of a firearm and attempted first degree murder in cause No. 07-CF-475. The State filed a petition to revoke defendant's probation in cause No. 06-CF-370 based on the offense of aggravated battery with a firearm and other technical violations. On December 5, 2007, the trial court found defendant violated his probation, and a jury found defendant guilty of all offenses charged in cause No. 07-CF-475.
On appeal, defendant asserts that the State failed to prove defendant guilty in cause No. 07-CF-475 and failed to prove defendant violated his probation in cause No. 06-CF-370.
Additionally, defendant claims the trial court improperly failed to consider defendant's posttrial claims of ineffective assistance in cause No. 07-CF-475. Finally, defendant contests the orders requiring him to submit a DNA sample and pay a $200 DNA analysis fee in both felony cases.
On August 30, 2007, the State filed an amended information in cause No. 07-CF-475 alleging defendant committed the offense of aggravated battery with a firearm in violation of section 12-4.2(a)(1) of the Criminal Code (720 ILCS 5/12-4.2(a)(1) (West 2006)) by shooting DeAndrew Abbott in the abdomen with a firearm, thereby causing injury to Abbott. On September 5, 2007, the State filed a petition to revoke defendant's probation in cause No. 06-CF-370 alleging, in part, defendant violated his probation by committing the offense of aggravated battery with a firearm as alleged in cause No. 07-CF-475.
On September 21, 2007, the State filed two additional counts against defendant in cause No. 07-CF-475. Count II alleged defendant committed the offense of attempted first degree murder in that defendant committed a substantial step toward the commission of first degree murder in that defendant placed a revolver to the head of DeAndrew Abbott and pulled the trigger with the intent to kill Abbott in violation of section 8-4(a) of the Criminal Code (720 ILCS 5/8-4(a) (West 2006)). Count III alleged defendant committed the offense of aggravated discharge of a firearm in that defendant discharged a firearm, a revolver, in the direction of DeAndrew Abbott and Lavonte Cooper within 1, 000 feet of Denkmann School in Rock Island, Illinois in violation of section 24-1.2(a)(2) of the Criminal Code (720 ILCS 5/24-1.2(a)(2) (West 2006)).
On December 3, 2007, defendant's jury trial began. The State called DeAndrew Abbottas its first witness. Abbott testified that in May 2007, he worked at Xpac as a data entry person. Abbott testified that he worked in the same area as Courtney Burbridge and had a disagreement with Burbridge at work a few days before May 26, 2007. According to Abbott, Burbridge became hostile and said that she would call her boyfriend. Abbott reported the incident to his supervisor. After the incident, Abbott went to McDonald's for lunch. At that location, Abbott unexpectedly encountered defendant. The men exchanged words, and defendant said that he was there "making sure there's not going to be any other problems with [his] girlfriend." When he returned to work, Abbott reported this second incident to another supervisor at work.
Later, on May 26, 2007, Abbott attended a birthday party at Daphne Reese's house located at 3905-23 Avenue in Rock Island, Illinois. He went to the party with Lavonte Cooper and James Wilmington at approximately 7:30 or 8 p.m. When he arrived, Abbott said he saw defendant and Burbridge at the party. Abbott testified that defendant said, "Well, if we going-we might as well squash this now today." Later, he learned that this comment indicated that "[i]t was supposed to to [sic] be a physical fist fight." Abbott left the party with defendant in order to fight. Cooper, Wilmington and Mike Reese accompanied him. They walked along 39 Street for one block, turned left and proceeded to the area of 23 Avenue and 41 Street in Rock Island, Illinois. At that point, defendant turned around and said, "What's your bitch ass say so now?" Abbott testified that defendant "pulled out the gun, and he fired." Abbott said that defendant shot him in the "lower half of [his] stomach on the left side." Abbott explained that after he was shot, he fell back onto the curb. Defendant approached him and said,
Abbott testified he pushed the gun aside, as defendant was trying to fix the gun, and ran away with the assistance of Cooper. Defendant then fired the gun three or four times, but he was not struck by any of these bullets. Abbott said that he, Cooper and Wilmington ran back to the house on 23 Avenue, entered their vehicle, and drove to the hospital.
After arriving at the hospital, he admitted that he told the doctors, nurses and the police officer who responded to the hospital that he "didn't see anybody" and that he was walking toward his car and heard shots. Abbott explained that he said this because he was scared defendant "would try to come back and finish the job." Later at the hospital, Abbott advised Detective Whitcomb that defendant shot him.
Jeffrey Donkers testified that he worked at Xpac as a receiving supervisor and closing general manager. Donkers said that on May 24, 2007, he became aware of a disagreement between two employees, Abbott and Burbridge. He explained that he spoke to both subjects about the disagreement.
Antonio Bernas testified that he worked as a physician surgeon licensed to practice medicine in the State of Illinois since 1976. Bernas testified that he treated Abbott for a gunshot wound at Trinity West hospital in the late evening hours of May 26, 2007, and the early morning hours of May 27, 2007. Bernas explained that due to the location of the bullet in Abbott's body, Bernas, along with an orthopaedic surgeon, decided not to remove the bullet. Bernas treated the entry wound and monitored Abbott for any other possible injuries. According to Bernas, Abbott was hospitalized for two days, along with aftercare visits.
Daphne Reese testified that she resided at 3905-23 Avenue in Rock Island, Illinois. On May 26, 2007, she hosted a birthday party at her house for her mother. Reese said Wilmingtoncame to the party with some other individuals, but she did not "know their names." Reese testified that defendant and his girlfriend, Courtney, were not invited to the party, but she allowed them to stay. She said that Wilmington hugged and kissed her before he and the others left. Later, Wilmington and the two other males came back. After she realized one of the boys had been shot, Reese called the police.
On cross-examination, Reese said she could not recall exactly what she said during her call to the police. She acknowledged that she mentioned defendant's name during the 911 call, but denied speaking to anyone in order to learn defendant's name. Reese said that "Robert [defendant] was the only Robert that was at my house."
Lavonte Cooper testified that on May 26, 2007, he, Abbott and Wilmington went to a birthday party for Wilmington's grandmother at Daphne Reese's house. Cooper said he, Abbott and Wilmington left the party and went "down the street." Cooper testified that Abbott and defendant "were about to fist fight," but defendant "turned around and shot DeAndrew [Abbott] in the stomach." Cooper also testified that after Abbott was shot and fell to the ground, "Robert [defendant] came up and pointed the gun to his head." He heard defendant threatening Abbott but did not "see what he [defendant] did with the gun." Cooper stated that defendant fired the gun while pointing the gun at Abbott's head, but Abbott "swatted the gun out of his [defendant's] hand as it fired." Cooper explained he heard the gun "clicking" when defendant fired it toward Abbott's head. While running away with Abbott, Cooper heard another shot and looked back to see defendant firing the gun.
Corey Martin testified that he was arrested and held in the Rock Island County jail beginning September 25, 2007. He admitted that he had four pending felony charges for variousdrug offenses. Further, Martin acknowledged that he had been convicted for the felony offense of unlawful possession of a controlled substance in 1998 and that he was currently addicted to illegal drugs.
Martin denied receiving offers from the State in exchange for his testimony. Martin stated that he was housed in the same cell block as defendant. During one of his conversations with defendant in jail, he asked defendant about his pending case. Martin said that he asked defendant if he shot the person, and defendant said, "yes." According to Martin, defendant shot the person "[p]retty much over his girlfriend" because "[t]he victim and his girlfriend got into an argument." Martin said that defendant told him he was angry about the argument, that he met the victim at a party, and that he tried to provoke the victim. Defendant told Martin he shot the victim in the stomach and then he put the gun to the victim's head, but the gun did not fire. Defendant said that he was "[t]rying to finish the job" when he put the gun to the victim's head. After the incident, defendant explained to Martin that he fled to Iowa City or Coralville.
Greg Whitcomb testified that he worked as an investigator with the Rock Island police department. On May 26,...
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