Appeal from Circuit Court of Macon County No. 01CF116 Honorable Lisa Holder White, Judge Presiding.
The opinion of the court was delivered by: Justice Turner
In January 2001, the State charged defendant, David Reatherford, with one count of unlawful possession of a methamphetamine-manufacturing chemical with the intent to manufacture methamphetamine with a prior unlawful-possession-of-a-controlled- substance-with-intent-to-deliver conviction. In March 2001, defendant filed a motion to suppress evidence and to quash the stop and arrest, which the trial court denied. In October 2002, a jury found defendant guilty. Following the denial of defendant's posttrial motion, the court sentenced him to eight years in prison.
On appeal, defendant argues (1) the trial court erred in denying his motion to quash the stop and arrest and suppress evidence, (2) the State failed to prove him guilty beyond a reasonable doubt, (3) the trial court erred in allowing certain testimony as to the acts and practices of others involved in methamphetamine manufacturing, and (4) the trial court erred in giving the jury an accountability instruction. We affirm.
In January 2001, the State charged defendant, along with Douglas K. Dean, by information with one count of unlawful possession of a methamphetamine-manufacturing chemical with the intent to manufacture methamphetamine with a prior unlawful- possession-of-a-controlled-substance-with-intent-to-deliver conviction (720 ILCS 570/401(c-5) (West 2000)), alleging he knowingly and unlawfully possessed a methamphetamine-manufacturing chemical, ephedrine, with the intent to manufacture 15 grams or more but less than 30 grams of a substance containing methamphetamine.
In March 2001, defendant filed a motion to suppress evidence and to quash the stop and arrest. In May 2001, the trial court held a hearing on the motion. Illinois State Police Sergeant Paul Moody testified he made a traffic stop of a blue 1993 Chevrolet pickup at the request of task force officers on January 22, 2001, south of Decatur. Sergeant Moody exited his vehicle and asked the driver, defendant, to see his driver's license, and defendant complied. Sergeant Moody told defendant that another officer had witnessed defendant change lanes without signaling. He gave defendant a verbal warning and handed his license to Master Sergeant Todd Kilby.
Defendant testified he was leaving Decatur on the afternoon of January 22, 2001. He stated he never left the right-hand lane of the interstate nor did he change lanes. He produced his driver's license upon request from a state trooper. Defendant stated the officer never gave his driver's license back nor gave him a verbal warning.
Thereafter, Trooper Moody "pulled [him] out of the truck" and searched him and the truck without his permission. On cross-examination, defendant testified he was on his way to Pana, where he lived, when the police stopped him. Defendant was accompanied by Douglas Dean as they left Decatur after shopping at Wal-Mart.
The State called Master Sergeant Todd Kilby of the Illinois State Police, who testified he was a supervisor to Task Force X in Decatur. He stated the Task Force received a call from Michael Cottrell, a security officer at a Wal-Mart in Decatur, on January 22, 2001, stating two individuals that were known to him as Douglas Dean and David Reatherford were in the store purchasing Sudafed and Coleman fuel, ingredients used in the manufacture of methamphetamine. Cottrell relayed a description of the individuals' truck, license plate number, and the direction the truck was heading. Sergeant Kilby testified he observed a blue truck with license plates matching the numbers given by Cottrell heading west on Interstate 72. He then observed the vehicle change lanes without signaling and "weav[e] across the centerline back and forth out of his lane." Sergeant Kilby then requested a uniform officer in a marked squad car make a traffic stop. After the vehicle was stopped, Sergeant Kilby approached the passenger side and observed two one-gallon cans of Coleman fuel behind the front seat and two lithium batteries sitting on the passenger seat. He then asked the passenger, Douglas Dean, to step out of the truck so he could talk to him. Upon identifying himself as a police officer and initiating questioning, Sergeant Kilby found Dean to be "nervous," "shaking," "he was stuttering and just showing that he was nervous talking to [him]." Dean told him the individuals were coming from Pana and were going to Pana. Sergeant Kilby questioned how that could be, and Dean stated he had been at a Menard's store in Forsyth. Upon questioning defendant, Sergeant Kilby stated defendant told him he was coming from Springfield. Based on his observations and information, including the tip from Cottrell, the items in the truck, and the occupants' deceptive answers, Sergeant Kilby instructed a police officer to place defendant in custody. Upon searching the vehicle, officers found 1,104 30-milligram pills of pseudoephedrine. The trial court found probable cause for the stop and denied defendant's motion.
In October 2002, defendant's jury trial commenced. Mike Cottrell testified he is a loss-prevention officer at a Wal-Mart in Decatur. On January 22, 2001, Cottrell noticed Doug Dean and David Reatherford enter the store. He recognized them from Pana, Illinois, which is where he is from. Cottrell observed Dean in the camping aisle selecting two one-gallon cans of Coleman camping fuel. Cottrell observed defendant in the pharmacy aisle selecting "two or three boxes of cold pills." Cottrell indicated the Decatur Wal-Mart limits customers to buying three boxes of cold medicine or allergy medication, and the Pana Wal-Mart requires customers to ask for it "behind the pharmacy." Cottrell then contacted Task Force X. Defendant and Dean proceeded to different checkout lanes and left the store. Cottrell then observed the two individuals get into a blue pickup truck and head north.
William Kroncke of the Illinois State Police took up surveillance of the blue pickup truck shortly after his office received Cottrell's phone call. After the truck was stopped, Officer Kroncke searched the passenger side and found 46 boxes of pseudoephedrine pills with each box containing 24 30-milligram pills. Other officers recovered eight lithium batteries, cash register receipts, two one-gallon cans of Coleman fuel, a bottle of isopropyl alcohol, two empty boxes of pseudoephedrine tablets, and $245 in cash.
The trial court certified Lieutenant Kilby as an expert in the manufacturing of methamphetamine and procurement of precursors for the manufacturing of methamphetamine. Kilby testified to the two predominant methods of producing methamphetamine, including the Nazi-dope and red-phosphorus methods. He stated the main ingredient common to all 160 methods of production is pseudoephedrine or ephedrine, commonly found in over-the-counter cold or allergy medications.
At the traffic stop of defendant's truck, Kilby observed cans of Coleman fuel and several lithium batteries. A search of the vehicle revealed the fuel and batteries, along with isopropyl alcohol, pseudoephedrine pills, two receipts, and $245 in cash. Kilby testified the isopropyl alcohol is commonly used as a solvent to break down the pills. The lithium batteries are used in conjunction with anhydrous ammonia. The Coleman fuel is used once the lithium and anhydrous ammonia reaction takes place. Based on his training and experience, Kilby was of the opinion the pseudoephedrine or the methamphetamine-producing chemical was possessed with the intent to manufacture methamphetamine. The factors relied on in forming his opinion included the Coleman fuel, isopropyl alcohol, lithium, and quantity of pseudo-ephedrine, "far and above what your normal consumer or normal person would have in their possession." Also, Kilby noted the two individuals made separate purchases and came from a location far from their home to purchase items that could be purchased at their home location. Further, the amount of cash seized from defendant coincides with the attempt to purchase chemicals and large amounts of these items. Kilby also stated the purchasers of the chemicals to manufacture methamphetamine are not always the ones who make it but instead may be buying the materials for the "actual cook."
Based on his experience, Kilby stated a "[r]ule of thumb is that [1,000 30-]milligram pills of pseudoephedrine will produce one ounce of methamphetamine." Kilby described the yield rate as how much methamphetamine will be produced from a certain amount of pseudoephedrine. He stated some jurisdictions use an 80% to 90% yield rate, but his office arrived at a 60% yield because "it was the most lenient[,] giving the most margin for error and the most leniency towards the suspect." As to this case, Kilby testified 1,104 30-milligram pseudoephedrine tablets were seized, amounting to 33.12 actual grams of pseudoephedrine. At a 90% yield, 33.12 grams would result in 29.808 grams of methamphetamine. At an 80% yield, 33.12 grams would result in 26.496 grams of methamphetamine. At a 60% yield, 33.12 grams would result in 19.872 grams of methamphetamine.
On cross-examination, Kilby testified the search of defendant's truck did not reveal any anhydrous ammonia, rock salt, solvents, sulfuric acid, or other ingredients used in the making of metham-phetamine. He also did not find any recipes for the manufacture of methamphetamine and did not know whether defendant had any capacity to make it.
Defendant did not testify and presented no evidence. Following closing arguments, the jury found defendant guilty of unlawful possession of methamphetamine-manufacturing chemical with intent to manufacture 15 grams or more of a substance containing methamphetamine.
In November 2002, defendant filed a motion for a new trial or in the alternative for judgment of acquittal, arguing the trial court erred in (1) denying his motion to suppress and quash arrest, (2) overruling his objection to the introduction of evidence as a result of an illegal search and seizure of his vehicle, (3) denying his motion in limine as to the reliability of Kilby's testimony as to the amount of methamphetamine that could be manufactured from the pseudoephedrine seized in this case, (4) denying a Frye hearing as to the reliability of any evidence offered, (5) accepting Kilby as an expert witness, (6) allowing Kilby to testify "as to the acts and practices of other individuals involved in the production of methamphetamine, and that such evidence amounted to inadmissible profile testimony," (7) denying his motion for directed verdict and judgment of acquittal, and (8) tendering to the jury an instruction on accountability. The trial court denied the motion.
In January 2003, the trial court sentenced defendant to eight years' imprisonment. This appeal followed.
A. Motion To Quash Stop and Arrest and ...