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09/01/89 the People of the State of v. Roosevelt Carr

September 1, 1989

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

ROOSEVELT CARR, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION

544 N.E.2d 978, 188 Ill. App. 3d 458, 136 Ill. Dec. 203 1989.IL.1366

Appeal from the Circuit Court of Cook County; the Hon. Themis N. Karnezis, Judge, presiding.

APPELLATE Judges:

JUSTICE QUINLAN delivered the opinion of the court. EGAN, P.J., and McNAMARA, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE QUINLAN

The defendant, Roosevelt Carr, was found guilty in a bench trial before the circuit court of Cook County on charges of murder, robbery, and armed violence in connection with the shooting of a Chicago police officer. The trial court sentenced defendant to imprisonment for life. Defendant now appeals his convictions and his sentence.

The following evidence was adduced at defendant's trial. During the summer of 1985, Chicago police officer Cheriff Morgan and the victim, Detective Wayne King, were partners. Both worked in the Office of Municipal Investigations , where they investigated allegations of criminal and administrative misconduct against city employees. In July 1985, Officer Morgan and Detective King were involved in an ongoing investigation of the defendant, who was suspected of impersonating a police officer and a city inspector. In connection with their investigation, a warrant for defendant's arrest had been issued.

On July 12, 1985, Officer Morgan and Detective King were on duty together, dressed in plain clothes. Detective King was carrying a .38 caliber revolver which he had tucked into the waistband of his pants. That afternoon, at about 2 p.m., they met with two other officers, Jackson and Alexander, to formulate a plan to find the defendant.

Later that day, Officer Morgan and Detective King were in their police car when they got a call that the defendant was in a light blue Ford Tempo near the intersection of 45th and State. Officer Morgan and Detective King proceeded to that location, and when they arrived at the intersection of 51st and Michigan, at about 4 p.m., they saw a light blue Ford Tempo. They pulled alongside the Tempo, but they did not see the defendant in the car. The officers began to question the occupants of the Tempo when Detective King saw the defendant walk around the corner. When the defendant looked towards Officer Morgan and Detective King, he turned and ran away from them.

Detective King chased the defendant on foot while Officer Morgan called for assistance on the police radio. While Detective King was still in pursuit of the defendant, Officer Morgan got into their police car to follow. When Officer Morgan drove around the corner onto Michigan Avenue, she saw Detective King, who was facedown on the sidewalk.

Meanwhile, two other police officers, Bone and Ware, were on duty and driving near the intersection of 51st and Michigan. At about 4:10 p.m. they heard two shots and saw people running across Michigan Avenue. They immediately pulled over and got out of their car. They saw one man bent over at the waist, and his chest was covered with blood. He was walking toward them when he fell to his knees and then collapsed down to the ground. They also saw another man, identified as the defendant, running north on Michigan Avenue, about a half a block away. Officer Ware pursued the defendant on foot, while Officer Bone called for assistance. At this point, Officer Morgan drove up to where Officer Bone was stopped. Officer Ware continued to chase the defendant to the intersection of 50th and Michigan, where the defendant turned the corner to head east on 50th.

While Officer Ware was in pursuit of the defendant, two other officers from the tactical unit, Officers Rider and Stewart, were responding to the calls for assistance. When Officers Rider and Stewart arrived at the location given on the radio, they saw the defendant. Officer Stewart got out of the car with his gun drawn, identified himself as a police officer, and ordered the defendant to stop. Defendant took his hands out of his pocket and placed the gun he had in his pocket on the ground. That gun contained four live rounds and two expended rounds. Officers Rider and Stewart then arrested the defendant.

Other eyewitness testimony was presented at trial. Katherine Holt testified that she was buying gas at a station on the northwest corner of the intersection of 51st and Michigan, when she saw an older man following a younger man, identified as the defendant. Both were heading north on the east side of Michigan Avenue. When the older man reached the defendant, she saw the older man grab defendant's hand, pull it behind defendant's back, and push him against the wall. A struggle ensued as the defendant attempted to turn towards the older man. Both men fell to the ground, and the older man was on top of the defendant when she heard a shot. She stated that she saw the two men roll over again, so that the defendant was on top, when she heard a second shot. As the second shot was fired, she saw the defendant jump up and run north on Michigan Avenue. At that time, she said she saw the older man get up on his knees, only to fall face down on the ground.

Three other witnesses, Lessie Simmons, Tawyana Dugger, and Carl Murphy, saw the shooting also. Their testimony was substantially the same as Ms. Holt's testimony, but they also noticed that when defendant ran away, he had a gun in his hand.

Later that day, at about 10 p.m., Detective John Markham held a lineup at the police station. The defendant was identified in the lineup by Officer Morgan, Katherine Holt, Lessie Simmons, Tawyana Dugger, and Carl Murphy.

In addition to this evidence, the State also introduced the testimony of Richard Fournier, a firearms expert with the Chicago police department. He examined the gun that was in defendant's possession at the time he was arrested, as well as the bullets that were taken from the victim's body. Fournier testified that the gun was a .38 caliber revolver and stated that he performed certain tests on the weapon. Fournier stated that, in his opinion, the bullets from the victim's body were fired from the same weapon he had examined. Concerning the tests he performed on the gun, he stated that for the gun to fire two shots, or for "double action" use, the trigger would have to be completely depressed, released and then completely depressed again. He stated also that he had performed "pull tests" on the gun, and said that for "single action" use, the trigger ...


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