APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION
529 N.E.2d 727, 175 Ill. App. 3d 111, 124 Ill. Dec. 746 1988.IL.1387
Appeal from the Circuit Court of Cook County; the Hon. Thomas R. Fitzgerald, Judge, presiding.
JUSTICE PINCHAM delivered the opinion of the court. LORENZ, P.J., and SULLIVAN, J., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE PINCHAM
Defendant, Patrick "Buddy" Griffin, appeals his conviction for the aggravated battery and attempted murder of Vernon Davis and his sentence of 15 years of imprisonment. We affirm.
Defendant was arrested on May 14, 1983, for the shooting of Vernon Davis and charged with attempted murder, two counts of aggravated battery, aggravated kidnapping and three counts of armed violence. On July 26, 1983, defendant was found unfit to stand trial and was committed to the Illinois Department of Mental Health.
On April 19, 1984, seven days before the expiration of the 120 days within which the State was obligated to try the defendant, the State filed a motion for an extension of time within which to try the defendant under section 103-5(c) of the Code of Criminal Procedure of 1963 (the Speedy Trial Act) (Ill. Rev. Stat. 1983, ch. 38, par. 103-5(c)), and a motion to have the victim, Davis, certified as a material witness so that Davis could be released from the Los Angeles county jail and returned to Chicago. The trial court granted the State a 20-day extension to produce the victim. Following a bench trial, on July 9, 1984, defendant was found guilty of attempted murder and two counts of aggravated battery. The trial testimony follows.
The victim, Davis, testified on behalf of the State, that on May 14, 1983, he lived at 4442 King Drive in Chicago and that defendant lived and was his landlord at that address. Davis testified that defendant came to his door at 1:30 p.m. on that date and asked him for help in moving a stove in the basement. When Davis arrived in the basement defendant stood behind him with a gun. Davis questioned defendant about the gun and defendant accused Davis of stealing his jewelry. Davis denied having defendant's jewelry, and defendant shot him in the leg and threatened to kill him if his jewelry was not returned. Davis testified further that defendant told him that a girl had informed him that Davis had stolen his jewelry, but that because the girl was dead the story could not be confirmed. Defendant bound Davis' hands and feet behind his back and carried him to another room in the basement, where he threatened to shoot Davis again if he did not give him the jewelry. Davis told defendant to go to Davis' apartment and look for the jewelry. Defendant called Davis a liar and again threatened to kill him. Davis testified that he told defendant to call defendant's son, Steven Raybourn. Before going up the stairs, defendant shot Davis again in the back of his neck. Defendant remained upstairs for approximately 15 minutes, returned to the basement and shot Davis behind the right ear. Defendant told Davis that he loved him like a son and that he did not understand why he had stolen his jewelry. Davis testified that he asked defendant to let him go out of deference to the friendship between Davis and Griffin's son, Steven Raybourn. Defendant responded by shooting Davis on the other side of his head, after which defendant reloaded the gun and fired several shots into the ceiling while he muttered to himself that it was taking a lot of bullets to kill Davis, that something was wrong with the gun and that he was going to call his son. Defendant hit Davis on the back of his head with a blunt object and went back upstairs.
While defendant was gone, Davis testified, Davis managed to get up and find some scissors in the basement which he used to cut the ropes from his feet. Davis managed to escape from the basement and went to one of the tenants in the building, but the tenant refused to help him. Davis went to the apartment of another tenant in the building, Herbert Kanard, and told Kanard that Buddy, defendant, had shot him. Kanard untied the ropes on Davis' hands and gave him a key to the deadbolt locks on the front door of the apartment building so that Davis could get out. Davis ran down the street and flagged a police officer. The police officer took Davis to a hospital where he was treated for gunshot wounds and released three days later. Davis added that the ropes with which defendant tied him up caused burns and marks on his ankles and wrists.
Davis testified that he had previously been convicted of robbery, for which he received three years' probation, and that he was also convicted twice in California for possession of marijuana. California revoked Davis' probation because he left California while still on probation. Davis testified that he had been imprisoned in California for violating the terms of his probation, but that he had received an early release in order to testify at the trial in the instant case. The Cook County State's Attorney's office paid Davis' airplane fare back to Chicago and other expenses. Davis added that he always paid his rent at 4442 King Drive in full and when it was due.
Steven Raybourn testified, on behalf of the State, that at approximately 1:30 p.m. on May 14, 1983, he received a telephone call from his father, defendant Griffin. Defendant told Raybourn to come to 4442 King Drive and to bring his gun because he needed a witness because he had the person, but that he did not know what to do with him. Raybourn testified that he received another call from defendant shortly after and that defendant stated, "Blow the horn, Stan," meaning to drop everything and come over because of an emergency. Defendant told Raybourn not to bring the gun because he did not need it anymore. Raybourn stated that he was a friend of Davis.
The next witness to testify on behalf of the State was Chicago police officer Gerald Johnson. Johnson testified that on May 14, 1983, he was in uniform and working on patrol without a partner. Johnson testified that at approximately 4:50 p.m. on May 14, 1983, he was driving northbound on King Drive when a man who was bleeding profusely and behaving erratically stopped him and told him that he had been shot several times. Johnson took Davis to a hospital. Davis told Johnson what had happened to him at the apartment building and gave him the key to the front door at 4442 King Drive. Johnson went to the apartment building, let himself in with the key and arrested defendant. Johnson testified that he found two nylon ropes and bloodstained mattresses in the basement of the apartment building.
Detective James O'Connell of the Chicago police department also testified on behalf of the State. O'Connell stated that he observed bloodstained mattresses, nylon ropes and part of a watch on the floor of the basement. O'Connell also recovered a .32 caliber revolver from the floor of the boiler room of the apartment building. O'Connell identified People's exhibit No. 9 as a photograph of a locker with "rubbers" on top of it which he had observed in the basement. When O'Connell returned to the apartment building on May 15, 1983, he found nine spent bullet casings, all of which were "embellowed," or expanded at the top, and two pellets inside these "rubbers." O'Connell testified ...