APPEAL from the Circuit Court of Rock Island County; the Hon.
ROBERT J. HORBERG, Judge, presiding.
MR. JUSTICE DIXON DELIVERED THE OPINION OF THE COURT:
The defendant, Joseph Doyle Garriott, was indicted and tried for the crime of deviate sexual assault. After a jury verdict of guilty he was sentenced by the Circuit Court of Rock Island County for a term of not less than 10 nor more than 14 years. He appeals contending that he was not proven guilty beyond a reasonable doubt and that his sentence is excessive.
Carole Rosa, the complainant was a married woman, 24 years of age, who lived in the Rock Island area about 6 years. She lived with her husband and 21-month-old daughter. She has a Bachelor of Theology degree from the Bible Missionary Institute in Rock Island, was active in church as a teacher and considered herself a very religious person.
On Saturday, October 28, 1972, she left her daughter with her mother-in-law and drove her car to the Speedy Boy Car Wash, a self-service car wash in Milan, Illinois. No attendants were on duty. She first arrived at 12:30 but many cars were in line so she left and came back at 1 P.M. There are three stalls but only one was working. The stalls have aluminum doors with small glass windows. There is an opening between stall 2 and 3.
She testified that the defendant came into the car wash three times, and each time asked her where the manager was, each time she told him she didn't know; that she didn't work there. Each time he came in he would go outside the stalls and sit on a barrel. The door of the car wash was completely up. There was nothing to impede her view of the defendant. She looked at defendant from time to time as she washed her car. The fourth time the defendant came, she testified, was about 1:15 P.M. and he rushed at her with a pocket knife with a 4-inch handle and a 4-inch blade, held it to her throat, and told her not to scream, not to struggle, or he'd kill her. He told her he wanted her pants. He had his hand on her throat. She believes she screamed once. She testified he took her through the doorway from stall 2 to stall 3, backed her up against the wall next to stall 2, and told her to take off her underwear and pulled her dress up. She had on a three-quarter length car coat, a dress, hose, girdle, pants, and shoes. She started to take her pants off, and he pulled them the rest of the way down. He did not take them completely off. They were at her feet. She was still standing up against the wall. He tried to kiss her, and told her to kiss him. He caressed her a little bit, but he never took her dress off or anything.
She testified that her only solace when something like that happens, is to turn to the Lord. She tried to talk to him about the Lord. She asked him if he were a Christian, and if he knew what it meant to be saved. He said, "Oh, yes, I'm a Christian," and then kept on as he was. Defendant pulled his pants and underwear down, pushed on her shoulder and pushed her down to a kneeling position. His penis was erect, and he pushed it in and out of her mouth for three or four minutes, telling her not to use her teeth. She gagged, and couldn't tell whether she was using her teeth or anything. He did not ejaculate. Then he pushed her down on her hands and knees, pulled up her dress in back, and forced his male organ into her rectum. This act took maybe 4 or 5 minutes. He did not ejaculate to her knowledge. He did not have normal sexual intercourse with her. He then pulled his pants back up and got ready to leave. She testified she was afraid at this time. He still had the knife, and as near as she could remember, it was still open.
He asked her if he could really be a Christian, and she said, "Yes," and he wanted her to tell him how, and she tried to tell him the basic steps. He asked her her name and where she went to church and told her he would be there in the morning. Then he left. He asked her what she was going to do when he left, and if she would call the police, and she said, "No." She did not see where he went. She got up, got her clothes back on, picked up her coat and the rest of the car mats and different things, put them in the car and got out as fast as she could.
She drove to her mother-in-law's house about 3 miles from the car wash. She noticed there was some blood from somewhere, and that she had a cut on the thumb of her right hand. She got blood on her dress and on her underwear as she tried to get dressed again. She threw the dress away about a week after the incident. The Police did not ask her to save it.
She didn't stop at the police station, because she told him she wouldn't, and she was scared, and didn't think. She didn't know what to do. She noticed she had an abrasion on the lower left side of her cheek, and on the rear part of her left shoulder.
On cross-examination, complainant testified that she didn't know that the Milan Police Station was located about three or four blocks from the Speedy Boy Car Wash. As she was driving home, she went past the State Police Headquarters on Blackhawk road.
Willene Rosa, mother-in-law of Carole Rosa, testified that her daughter-in-law came home in her car shortly before 2 P.M. on October 28, 1972. She drove into the driveway and stopped close by the window. Willene Rosa noticed that after her daughter-in-law stopped her car, she sat in the car for awhile and arranged her hair and her face in the mirror, which is unusual for her, then got out of the car quickly and ran to the door. She could tell there was something wrong. There was blood down the front of her dress, which was not there before she left the house. She had a cut on her finger, which to the best of her knowledge she did not have when she left the house. Her hair was messed up, and she had a red spot on one side of her face. Willene Rosa called the police.
A.W. Rosa, Jr., husband of the complainant, testified that in the evening of October 28, 1972, he saw a mark on the left shoulder on the back of his wife, which looked like a heavy thumb print, and that there were two marks on her left cheek; that these marks weren't there a week before, which was the last time prior to October 28, 1972, that he had an opportunity to examine his wife's physical appearance.
That defendant, Joseph Doyle Garriott, testified that he has a 4th-grade education according to the tests he has taken. That he can read and write some. On October 28, 1972, he was employed by Flick's Plumbing Supply, which is located at Airport Corners, out by the Quad-City Airport, as a delivery driver. He was told to make a delivery of salt to the Speedy Boy Car Wash in Milan; that he arrived at the car wash between 10 and 15 minutes after 1 P.M. That there were six or seven motor vehicles in and around the area, but he did not see any people in and around the area of the car wash. Then he saw one of the stalls was open, No. 2. He walked over and there was a woman washing her car and sweeping out the front of the car and taking the mats out. He asked her where the manager was and when he would be back. She told him she didn't know where he was; that she didn't work there. The woman he saw is the complainant, Carole Rosa. He then walked over to the open-air market which is about 25 yards from the car wash, to see if they had a phone he could use to call his employer, but they didn't have a phone. Defendant testified that he then went back to his pick-up truck. It was about 1:20 or 1:25 P.M. He smoked about half a cigarette, threw it away because he wasn't feeling too good, and left, going back to Flick's. He was sick to his stomach, getting hot and cold chills. He asked his brother-in-law, David Navarro, who worked at Flick's also, if he could borrow his car. He then punched out about 1:50 P.M. and went home. Defendant testified that he was wearing a blue levi jacket, a maroon sweat shirt, insulated underwear, brown bell-bottom pants, and a pair of work shoes. Carole Rosa had testified that defendant was wearing a dark brown or black jacket, waist length, light brown, bronze, or beige pants. On cross-examination, defendant testified that he has four or five knives, but never carries them at work.
Robert Roete, 18, a witness in behalf of plaintiff-appellee, testified on direct examination that defendant told him in the afternoon that he was ill and left work at approximately 2 P.M. Roete made the delivery of salt about 2:15 P.M. on October 28, 1972, at the Speedy Boy Cash Wash in Milan. On cross-examination, Roete testified that the pick-up truck is a white Ford, with a red rack, and has "Flick's" painted on the sides in ...