Appeal from the Circuit Court of Cook County. No. 95 CR 9702 Honorable Daniel J. Kelley, Judge Presiding.
The opinion of the court was delivered by: Justice O'brien
Following a jury trial, defendant, Jimmie Parker, *fn1 was found guilty of the first degree murder of Chicago police officer Daniel Doffyn, the attempted murder of Chicago police officer Milan Bubalo, the attempted murder of Victor Young and two counts of possession of a controlled substance with the intent to deliver. Defendant was sentenced to natural life imprisonment for first degree murder, 80 years for one attempted murder and 30 years for the other attempted murder to run consecutively to the 80 years, concurrent terms of 25 years and 7 years for possession of cocaine and heroin, respectively, with the 25 years to run consecutively to the 80 years.
On appeal, defendant contends the circuit court erred in: (1) admitting a mannequin wearing the shirt of the victim into evidence and allowing the jury to use the mannequin in the jury room, and (2) allowing improper closing argument by the State. Defendant further contends the evidence was insufficient for the jury to find him guilty beyond a reasonable doubt of the murder of Officer Doffyn and the attempted murder of Officer Bubalo under an accountability theory, to find him guilty of the murder of Officer Doffyn under a felony-murder theory, or to find him guilty of possession of a controlled substance with intent to deliver. We reverse and remand for a new trial.
This case involves two shootings at different times and different locations: the shooting of Victor Young (the first shooting), and later the same day, the simultaneous shooting of Officers Doffyn and Bubalo (the second shooting).
At trial, Victor Young testified that, from 1990 until 1991 or 1992, he sold drugs for Murray Blue at a particular corner where Blue controlled drug sales. Young testified that defendant also sold drugs for Blue at that corner in March 1995. Young stopped selling drugs for Blue when Young joined a rival street gang.
Young testified that on March 8, 1995, at approximately 2:30 p.m., he and some friends were walking when he heard Blue yell at him from the first-floor window of an apartment on Maypole Street. Blue accused Young of talking to the police about Blue. Young denied it. Young turned to walk away and Blue called after him. When Young turned back toward Blue, he saw Blue holding a TEC-9. Young started to run and Blue fired at him 14 to 15 times. Several bullets hit Young in the hip or buttocks and he fell to the ground.
Young also testified that, from the ground, he looked behind him and saw Blue, Clyde Cowley and defendant run out of the apartment building. Blue shot at Young again. Defendant then shot at Young with a sawed-off shotgun, but missed. Defendant tried to shoot Young again, but the shotgun jammed. Blue then said, "Let's get out of here. It's getting too hot."
Young saw Blue, Cowley and defendant run through a vacant lot. A few minutes later, Young saw a black Lincoln Continental automobile drive north at 40 miles per hour. Young was taken to the hospital where, after speaking with officers, he identified Blue and defendant as the people who fired at him.
The Lincoln Continental contained Blue, Cowley and defendant, who were fleeing to another apartment.
Chicago police officer Jackson testified that, on the same day at approximately 3:30 p.m., she was at the 15th District police station when she heard a report of a burglary in progress at an apartment across the street from the police station on Lorel Street. She and several police officers responded to the call.
Officer Jackson also testified that, as she approached the building, she saw Officers Bubalo and Doffyn walking to the front of the building. She entered a gangway at the south side of the building, leading toward its rear. As she reached the far end of the gangway, she was approached by two black males. One carried a TEC-9 with his hands extended in front of him. The other male appeared to be unarmed. Jackson keyed in her radio that she had an emergency, pointed her gun at the men, and yelled at them to get on the ground.
The man with no gun, later identified as defendant, raised his hands in the air, but did not immediately go to the ground. The other man, later identified as co-defendant Murray Blue, turned and started to run. Then, defendant went to the ground and, as he did so, gunfire erupted. Jackson remained behind the wall of the gangway, with her gun trained on defendant, until other officers arrived.
Officer Bubalo testified that he and Officer Doffyn were in the parking lot of the police station when they learned of the suspected burglary across the street. They went to investigate the reported burglary and saw broken glass on the ground from a window next to the entrance of the building. Bubalo testified that he went inside the building followed by Doffyn. Bubalo knocked on the front door of the apartment with the broken window. Bubalo heard the sound of several feet running to the back of the apartment and the sound of breaking glass.
Officer Bubalo further testified that Doffyn ran down the steps from the first-floor landing and out the building. Bubalo followed Doffyn as Doffyn ran from the front of the building to the rear, through a gangway on the north side of the building. When Bubalo entered the gangway, Doffyn was already rounding the far corner of the ...