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01/26/89 the People of the State of v. Jackey Lee Bond

January 26, 1989

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

JACKEY LEE BOND, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

533 N.E.2d 1163, 178 Ill. App. 3d 959, 128 Ill. Dec. 75 1989.IL.83

Appeal from the Circuit Court of Macon County; the Hon. John L. Davis, Judge, presiding.

APPELLATE Judges:

JUSTICE KNECHT delivered the opinion of the court. McCULLOUGH, P.J., and LUND, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE KNECHT

The defendant, Jackey Lee Bond, was charged by information in the circuit court of Macon County with two counts of attempt (murder) (Ill. Rev. Stat. 1987, ch. 38, par. 8-4(a)) and two counts of unlawful use of a weapon by a felon (Ill. Rev. Stat. 1987, ch. 38, par. 24-1.1). The circuit court dismissed the second count of attempt (murder) as to Ferita Sharee Hayes on the defendant's motion for directed finding at the close of the State's case. At the Conclusion of the bench trial, the circuit court found the defendant guilty of the first count of attempt (murder) as to Clara Lamb and the two counts of unlawful use of a weapon by a felon. The defendant was sentenced to one term of seven years' and two terms of three years' imprisonment to be served concurrently.

The defendant contends on appeal the State failed to prove him guilty of the charged offenses beyond a reasonable doubt. We disagree.

The following facts are not in dispute: On April 28, 1987, Sheila Hayes (Hayes) called the defendant to tell him their daughter, Ferita Sharee Hayes (Ferita), was sick. After her call, she visited the defendant at his house at 1019 North Folk Street in Decatur, Illinois. Hayes requested assistance with expenses for medicine and transportation for a 1 p.m. doctor appointment. In response to her requests, the defendant gave Hayes some money for medicine and promised to attempt to arrange transportation to the doctor.

Around noon, a friend, Clara Lamb (Lamb), drove Hayes and Ferita back to the defendant's house. Since there were two cars parked in front of the defendant's house, Lamb parked her car across the street. Hayes got out of the car and walked up to the house. Lamb and Ferita remained in the car.

The defendant's girlfriend, Celestine Cunningham (Cunningham), answered the door. She called the defendant to the door. The defendant told Hayes that he had not been able to arrange transportation.

The remaining facts are in dispute: The defendant and Hayes then walked out to Lamb's car. The defendant asked Lamb whether she could drive Hayes and Ferita to the doctor. Lamb refused as she had to go to work. The defendant questioned Lamb's friendship, and Lamb responded she did not have enough gas for the drive. The defendant offered to pay for her gas. Lamb still refused and told the defendant it was not her responsibility to solve the problem of transportation.

An argument ensued between the defendant and Lamb. The level of violence escalated in their argument. Their initial exchange of insults progressed to the throwing of objects and culminated in the firing of a weapon.

Lamb and Hayes testified the defendant walked back into his yard, picked up two bricks, and threw them at Lamb's car. In response, Lamb picked up a bottle from the floorboard of her car, got out of her car, and threw it at one of the cars parked in front of the defendant's house.

The defendant disputed their testimony. The defendant testified Lamb threw a bottle at him as he approached her car. In response, he picked up a brick and threw it at her car. Lamb then got out of her car, picked up the same brick, and threw it at one of the cars parked in front of his house.

Lamb testified the defendant became upset after she threw the bottle at the car. She heard him say, "I'm going to shoot that bitch." As he went into his house, she also heard him say, "I'm going in the house and get my gun." Lamb then got in her car. As she was driving away, she heard a shot. Lamb turned and saw the defendant standing in his yard. He was holding a handgun aimed at her ...


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