APPELLATE COURT OF ILLINOIS, SECOND DISTRICT
533 N.E.2d 987, 178 Ill. App. 3d 650, 127 Ill. Dec. 905 1989.IL.24
Appeal from the Circuit Court of Winnebago County; the Hon. Daniel D. Doyle, Judge, presiding.
JUSTICE INGLIS delivered the opinion of the court. UNVERZAGT, P.J., and DUNN, J., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE INGLIS
Defendant contends on appeal he was denied a fair trial because the trial court admitted evidence of a subsequent shooting at the victim's house and that he was denied a fair trial because of the State's closing argument. We affirm.
The victim, Michael Jones, was shot at on February 18, 1987, while driving his car. Jones testified that at approximately 7:30 p.m. on February 18, 1987, he drove his father's yellow Cadillac to O'Donnell's store in Rockford with his friend, Clottie George, where he saw Keith Dainty in his beige car. In Dainty's car were Michael Glass, his brother Wayne (a/k/a Daniel) Glass, and an individual he later identified as defendant.
Jones testified that after he left O'Donnell's, he drove his friend home. Later, at approximately 8:15 or 8:30 p.m. as he drove around a local "dead man's curve," he saw Dainty's car approaching head-on, then turn around and follow him. As he turned left onto Preston Street, he slowed down to a stop. Dainty first pulled ahead of him on the driver's side and blew his horn for Jones to get out, which Jones declined to do. Dainty then pulled up beside Jones' car. According to Jones, Dainty was the driver, Wayne Glass was in the front seat on the passenger side, Michael Glass was behind the driver, and defendant was behind Wayne Glass. Jones was positive that he had seen the person who eventually shot at him earlier that night with Dainty at O'Donnell's. Jones wears glasses but was not wearing them on the night in question. Jones testified that from approximately three feet away, defendant fired a shot with a long .22 or .32 caliber revolver which shattered his rear driver's side window. Jones ducked. Next, Jones' front passenger side window was shot out as Dainty's car pulled up besides Jones. Jones could not see who fired the second shot. Jones drove off after the second shot at a high rate of speed down Preston Street, and Dainty's car followed. According to Jones, he was heading for his mother's house, where he lived at the time. However, because he was being closely followed, he went around the block. Eventually, he arrived home at about 9 p.m. or before.
Two days later, Jones identified defendant from a photo array as the shooter.
Keith Dainty testified next for the State in accordance with an agreement reached with the State. That agreement provided that charges of attempted murder and reckless conduct would be dropped in the instant case, probation would be revoked in another matter, and defendant would be sentenced to six months' work release for the revocation of probation. Dainty testified that he drove to O'Donnell's on the night in question with Wayne Glass, Michael Glass, and Frank (Pete) Jefferson. Dainty stated that defendant was not with them at this time. Dainty also testified that he did not see defendant that night at O'Donnell's. Dainty did state that he saw Jones at the store.
Dainty stated that he, the two Glass brothers, and Jefferson drove back to the house of Dainty's girlfriend's aunt, Juicy Glass. Defendant was among those present. Later that evening, Dainty was driving his car, in which Michael Glass sat in the front passenger seat and Wayne Glass, defendant, and Jefferson sat in the rear.
When they saw Jones driving down a hill into "Dead Man's curve," defendant told Dainty to follow Jones, which Dainty did. Jones pulled over, and defendant told Dainty to pull his car next to Jones. Dainty complied and was approximately 15 feet from Jones' car. Dainty stated that he saw Michael Glass roll down his front passenger window while defendant pulled a gun and started shooting at Jones. Dainty saw Jones lie down in his car while defendant kept shooting. Dainty then started to drive away. Defendant asked Dainty why he drove away and stated "now we got to kill him." Defendant instructed Dainty to follow Jones, and, again, Dainty complied. Defendant kept shooting, using a long .22 caliber automatic pistol, as they followed Jones for approximately four blocks. Jefferson was screaming and lying down on the rear car floor.
Jefferson also testified for the State. Jefferson stated that one of the Glass brothers was in the front passenger side of Dainty's car and defendant, himself, and the other Glass brother were in the rear.
As Dainty was driving back to Juicy's house, Jefferson heard someone say, "[There] he is," and Dainty tried to flag down a man driving a yellow Cadillac flashing his car lights. This man, subsequently identified as Jones, pulled his car over, as did Dainty. Jefferson heard someone say, "[Duck], he might shoot," so Jefferson ducked and remained on the floor. Jefferson said defendant fired five or six rounds at the yellow Cadillac from a distance of approximately 5 to 10 feet away. Jefferson said Jones drove away, and Dainty pursued him for approximately four blocks. Jefferson was not charged with any crime in connection with this offense. Jefferson later identified defendant as the shooter from a photo array.
Neither of the Glass brothers testified.
The State further produced evidence that at approximately 9:30 p.m. on the same night, bullets were fired through the front closed house window where Jones lived with his parents, brother, and sister. Neither Jones nor his car was present then, but Jones' father and sister were. No one was injured. Police later retrieved two bullets from the interior of the house, and there was testimony that they ...