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People v. Mcintosh

OPINION FILED MARCH 13, 1979.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

KEITH MCINTOSH, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. WILLIAM COUSINS, JR., Judge, presiding.

MR. JUSTICE DOWNING DELIVERED THE OPINION OF THE COURT:

The defendant Keith McIntosh was convicted of murder and sentenced to a term of 40 to 60 years. On appeal he contends (1) that the trial court erred in excluding impeachment evidence offered against a prosecution occurrence witness, and (2) that the State failed to prove him guilty beyond a reasonable doubt. The following testimony was adduced at the jury trial of the defendant and co-defendant Willie Jefferson. *fn1

Kerry Mullins testified for the State that at approximately 7:30 p.m. on June 4, 1975, he and Richard Germaine, the victim, were riding on a motorcycle when they stopped at the corner of 87th and Ashland Avenue to talk to a group of men which included the defendant, the co-defendant Willie Jefferson, Jimmie Hayes, Earl Washington, Charlie Jones, and Michael Patterson. Richard Germaine talked to Willie Jefferson for approximately 15 minutes and then returned to the motorcycle with Mullins to drive to Germaine's house. Mullins proceeded to a girl's house leaving Germaine at his home. Richard Germaine, Sr., the father of the victim, testified that Richard changed his clothes and left the house again at about 8:10 p.m.

Mullins later saw the victim and the same group of men including the defendant as he was walking south on the west side of the street at 87th and Marshfield Streets. Mullins also saw State's witness Richard Bush at the south end of the block, although he could not see his face. There were streetlights in the area at the time. When Mullins was approximately 100 feet from the group, Richard Germaine walked away from the group toward the south end of the block. Mullins testified that at this time co-defendant Willie Jefferson hit Germaine on the head with a gun and then shot him in the back and again in the front. As Germaine fell to the ground, the defendant pulled a gun and fired at him two or three times. Germaine was on the ground when the last shot was fired. The group then dispersed toward 88th Street and Mullins ran to his home.

Prosecution witness Richard Bush testified that shortly before 9 p.m. on June 4, 1975, he saw Germaine riding in a car with Graylin Clark in the vicinity of 87th and Ashland Avenue. After Bush entered the car, the three of them drove to 87th and Marshfield Streets where, when they were 10 feet away, Bush recognized a group of men including the defendant, the co-defendant Willie Jefferson, Michael Patterson, Jimmie Hayes, Chuckie Jones, and Earl. Although Bush knew Kerry Mullins, he did not see him in this area that evening. According to Bush, Germaine got out of the car to talk to Willie Jefferson while he and Clark drove south on Marshfield to look for a parking space. Bush got out of the car at 88th and Marshfield and started walking north. When Bush was approximately six houses from the group of men, he saw Germaine, the defendant, and the others walking toward him on the same side of the street. When the group was approximately three houses away, Bush summoned Germaine to come away. As Germaine turned to acknowledge Bush's call, the co-defendant Willie Jefferson struck him on the back of the head with a gun and shot him in the back. Germaine then turned to face Jefferson who then shot him once in the front. Bush testified that at this time the defendant pulled out a gun and started shooting, too. After seeing the defendant shoot twice and after four shots altogether, Bush ran to a friend's apartment.

Both Mullins and Bush testified that they had known the defendant for six months and the co-defendant for two years, and that the streetlights were on at the time of the incident. Bush also testified that it was dusk dark at the time. Both identified the defendant and co-defendant at trial as the men who had participated in the murder of Germaine.

Officer James Raspberry testified that at approximately 9 p.m. on June 4, 1975, he was watching television in his home at 8800 South Marshfield when he heard four or five shots. Upon going to the front door and hearing someone call for help, Officer Raspberry secured his gun and walked to 8748 South Marshfield. There he found Germaine lying approximately 100 feet in front of the house at 8748. Crouching down, Raspberry had the following conversation with Germaine:

"He said to me, `Please help me, please help me.'

I said, `What's wrong with you?'

He says, `I got shot.'

I said, `Who shot you?'

He answered back, `Willie Jefferson shot me.' *fn2

I asked him where are they. He said they both ran."

At approximately 9:15 p.m., Officer John Conlon and his partner arrived at the scene. When Officer Conlon asked Germaine who shot ...


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