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People v. Shepard

May 18, 1998

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
MILTON SHEPARD, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County Honorable James V. Murphy, judge Presiding.

The opinion of the court was delivered by: Justice O'brien

Following a jury trial, defendant, Milton Shepard, was convicted of first-degree murder and sentenced to 50 years in prison. On appeal, defendant argues: (1) the State failed to prove him guilty beyond a reasonable doubt; and (2) the trial court erred by refusing to grant a rehearing on his motion to suppress. We affirm.

At trial, the State called Tamra Davis, who testified that at approximately 11:44 a.m. on September 29, 1994, she was walking to a store at St. Charles Road and 19th Street. As she approached the intersection, she heard two gunshots. Davis looked up and saw a man in a red jacket running east on St. Charles Road. He cut through an alley going north, then cut through another alley headed east. Davis lost sight of him after that.

Later that day, Davis went to the police station, where she picked defendant out of a photo array and a lineup. On cross-examination, Davis testified she had prior convictions for retail theft, prostitution, and possession of a controlled substance. She also had pending a case for delivery of a controlled substance.

Calvin Buchanan testified that at approximately 11:44 a.m. on September 29, 1994, he was standing on St. Charles Road between 19th and 20th Streets, talking with Edwin Winters. After the conversation ended, Buchanan started to walk to a store on the corner, while Edwin started to walk across St. Charles Road.

When Buchanan got to the store, he heard a gunshot. Buchanan looked around and did not see anyone. Then he heard two more gunshots. Buchanan ran to where everyone was gathered, at 1909 St. Charles. As he approached the crowd, Buchanan noticed that the body on the ground was Edwin Winters.

Buchanan saw defendant run away from the crowd in a red and blue jacket. Defendant ran north on 19th Street, then turned in the first alley off St. Charles, heading east.

Buchanan viewed a photo array at the police station, but he did not identify defendant at that time because he was scared that what happened to Edwin might also happen to him. Buchanan first identified defendant a few days before trial, when he told an assistant State's Attorney that defendant was the person running from the crowd after the murder.

Dorothy Barner testified that at approximately 11:44 a.m. on September 29, 1994, she was stopped at a red light by St. Charles Road and 19th Street. Barner heard a "bang, bang" and saw people running. She looked out the driver's side window and saw a boy in a red jacket standing over another boy, who was lying on the curb. The boy in the red jacket stuck his arm out and Barner again heard a "bang, bang." Then the boy in the red jacket started running east, in her direction, so she "pulled off."

Barner viewed several photographs at the police station and stated that defendant looked like the shooter, but she could not be 100% sure. Barner made an in-court identification of defendant, stating she was "more sure now" that defendant was the shooter.

Beth Richardson testified that at approximately 11:44 a.m. on September 29, 1994, she was driving west on St. Charles Road. As she approached the intersection at 19th Street, she heard a "pop, pop, pop" and saw a young man in a red, white, and black jacket run east on St. Charles Road.

Richardson viewed a lineup at the police station, and she told the police that she was unable to make an identification. One of the officers then told her to "pick one," and she picked defendant out of the lineup.

Doctor Larry Sims performed the autopsy of Edwin Winters. Winters was shot once in the right side of the head and once in the left buttock. Doctor Sims opined that Winters died from the multiple gunshot wounds.

The State's last witness was David Glover, a teacher at Proviso East High School. Defendant was a student in Glover's fourth period class, which started at 11 a.m. and ended at 12:24 p.m. On ...


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