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The People of the State of Illinois v. James Hale

September 18, 2012

THE PEOPLE OF THE STATE OF ILLINOIS,
PLAINTIFF-APPELLANT,
v.
JAMES HALE,
DEFENDANT-APPELLEE.



Appeal from the Circuit Court of Cook County No. 07 CR 24440 Honorable Douglas J. Simpson Judge Presiding.

The opinion of the court was delivered by: Justice Quinn

PRESIDING JUSTICE QUINN delivered the judgment of the court with opinion. Justice Connors concurred in the judgment and opinion.

Justice Cunningham dissented, with opinion.

OPINION

¶ 1 On November 20, 2007, defendant James Hale, along with co-defendant Randy Rice, was charged with first-degree murder, aggravated discharge of a firearm, and mob action under indictment number 07 CR 24440. These charges were based on the shooting death of Shantiel Clark. In a separate matter, Hale and Rice were also charged with attempted first-degree murder, aggravated battery with a firearm, and aggravated discharge of a firearm under indictment number 07 CR 24439. These charges were based on the shooting of Erzka Scott. This appeal arises from a June 21, 2010 order entered by the circuit court of Cook County that denied the State's motion in limine to introduce proof of other crimes during the course of Hale's trial for the shooting death of Shantiel, and an October 22, 2010 order denying the State's motion to reconsider. On appeal, the State argues that: (1) the trial court applied the incorrect legal tests in making its rulings on the State's motion in limine and motion for reconsideration; and (2) the trial court erred in denying its motion in limine and motion for reconsideration because the evidence in question was admissible under the continuing-narrative exception and as other-crimes evidence. For the following reasons, we reverse the judgment of the circuit court of Cook County.

¶ 2 BACKGROUND

¶ 3 On November 11, 2005, at 10:23 p.m., Erzka was standing outside her home at 3747 W. 135th Place in Robbins, Illinois. She heard three or four gunshots coming from the direction of 3817 W. 139th Street and felt something strike her in the head. Erzka then fell to the ground and was taken to the hospital. She was unable to identify the shooter and the case went unsolved as the police developed no leads.

¶ 4 On that same night, at 10:30 p.m., William Jackson was driving his car southbound on Pulaski Road at approximately 152nd Street, less than 15 blocks from 3817 W. 139th Street, with Michael Smith in the front passenger seat and Shantiel in the backseat. Shantiel was seven months pregnant at the time. Another car, driven by Tony Garret and containing multiple passengers, pulled along side William's car. Tony and at least three of his passengers fired bullets into William's car, striking Shantiel several times. William then pulled into a nearby gas station and Shantiel died on the floor of the gas station. William and Michael survived the shooting and were able to positively identify Tony as one of the shooters; however, they could not identify any of the other shooters.

¶ 5 While Tony's case was pending, an informant, Keonte McDowell, came forward and provided more details about Shantiel's shooting. Keonte identified Hale and Rice as the other shooters. Based on this information, the police arrested Hale and Rice and each gave a detailed confession. Hale stated that prior to the night of the shooting, an individual named "Mario" had kidnapped, robbed, and pistol-whipped Tony. On the night of the shooting, Tony gathered Hale and Rice to go looking for Mario in retaliation. Hale stated that they were driving around in Tony's car armed with guns so they could shoot Mario when they found him. As Hale and his companions approached 3817 W. 139th Street, they thought they saw Mario and got out of the car. After they got out of the car, a group of unidentified people began firing bullets at Hale and his companions. Hale stated that he fired back at the group in self-defense, and he believed that a girl had been shot during the exchange. Hale and his companions then got back into Tony's car and continued looking for Mario. As they were driving southbound on Pulaski Road, they spotted William's car, which they thought contained Mario. Hale stated that several people from Tony's car began to shoot at William's car, but his gun jammed. Hale stated that after the shooting, Tony drove away.

¶ 6 On November 20, 2007, Hale and Rice were charged with first-degree murder, aggravated discharge of a firearm, and mob action in connection with Shantiel's death. Also in November 2007, Hale and Rice were charged with attempted first-degree murder, aggravated discharge of a firearm, and aggravated battery with a firearm in connection with the shooting of Erzka. On December 17, 2009, the State filed a motion in limine in Hale's trial for the murder of Shantiel to introduce evidence regarding Erzka's shooting. On June 21, 2010, the trial court held a hearing on the State's motion. The State argued that Hale's participation in Erzka's shooting was part of the continuing narrative of the events that led to Shantiel's death. The State also argued that Hale's participation in Erzka's shooting supports its theory that Hale is guilty of murder because it establishes: (1) Hale's identity; (2) motive; (3) intent; (4) absence of an innocent frame of mind; (5) lack of self-defense; (6) dislike toward the intended victim; (7) accountability; (8) state of mind; (9) proximity to Shantiel's death; (10) circumstances of the murder; (11) corroboration of Hale's confession; and (12) the integrity of Hale's confession. In response, Hale argued that Erzka's shooting and Shantiel's shooting were two separate and unrelated incidents, and that the State was only trying to admit evidence of Erzka's shooting to show Hale's propensity to commit crimes. The trial court denied the State's motion in limine. The trial court held that Erzka's shooting was not part of the continuing narrative of Shantiel's shooting. The trial court also found that the evidence regarding Erzka's shooting constituted other-crimes evidence and held that it would not be admitted because it was more prejudicial than probative. The trial court noted that if the defense opened the door by attacking the integrity of Hale's confession in any way, it would reconsider its ruling.

¶ 7 On July 1, 2010, the State filed a motion to reconsider the trial court's order denying its motion in limine. On October 22, 2010, the trial court held a hearing on the State's motion to reconsider. In addition to the many arguments presented in the State's motion in limine, the State argued that Erzka's shooting was part of the continuing narrative of Shantiel's shooting because the jury would not be able to understand the circumstances of Shantiel's shooting without the full story of what took place that night. The State also argued that evidence of Erzka's shooting established Hale's accountability for his co-offenders because it shows that they were all acting with a common purpose and common design as a team throughout the entire night. Finally, the State argued that evidence of Erzka's shooting established the reliability of Hale's confession because the police were previously unaware of Erzka's shooting and, thus, could not coerce Hale to provide those details. In response, Hale argued that because Erzka's shooting and Shantiel's shooting were separate and distinct events, Hale's accountability for Shantiel's death must be proved without evidence of the earlier shooting. The trial court denied the State's motion for reconsideration. The trial court again held that Erzka's shooting was not part of the continuing narrative of Shantiel's shooting because they were separate and distinct events. The trial court held that to admit evidence of Erzka's shooting as other-crimes evidence would be too prejudicial because it would present the picture of a crime spree to the jury where the only connection between the incidents was the search for Mario. The trial court also held that Hale's accountability to his co-offenders for Shantiel's death needs to be based only on the evidence regarding Shantiel's shooting.

¶ 8 On November 16, 2010, the State filed a certificate of substantial impairment and a notice of appeal, pursuant to Supreme Court Rule 604(a)(1) (eff. July 1, 2006).

¶ 9 ANALYSIS

¶ 10 In this case, the State is challenging the trial court's denial of both its motion in limine to introduce proof of other crimes and its motion for reconsideration. We note that the parties disagree as to the standard of review that this court should apply. The State concedes that evidentiary rulings are ordinarily reviewed for an abuse of discretion. People v. Caffey, 205 Ill. 2d 52, 89 (2001). A trial court has abused its discretion only when its ruling is arbitrary, fanciful, unreasonable, or where no reasonable person would adopt the view of the trial court. Id. However, the State points out that appellate courts review evidentiary rulings de novo where "a trial court's exercise of discretion has been frustrated by an erroneous rule of law." (Internal quotations marks omitted) Id. The State claims that although the trial court largely applied the correct legal tests regarding the admissibility of other-crimes evidence, it failed to do so with respect to the issues of accountability and necessity of the evidence at trial. Therefore, the State asks this court to review the trial court's rulings de novo.

¶ 11 The State argues that the trial court misinterpreted the standard of admissibility of other-crimes evidence for the purpose of accountability because in its ruling denying the State's motion for reconsideration, the trial court stated:

"I agree with the defense in terms of accountability, that the accountability needs to rise or fall in the State's view in the incident that happened on *** Pulaski. The fact that they acted in concert in another incident is just too prejudicial to allow it in to establish accountability. If that's the case, then the State would ask and courts would allow prior incidents of four or five different gang members in to show that they were accountable for each other's action on a crime that occurred perhaps weeks later.

I think again that would be stretching the other crimes evidence for the purposes of accountability."

The State interpreted the trial court's statement as ruling that other-crimes evidence is never admissible for the purpose of accountability. The State points out that it has long been held in Illinois that evidence of other crimes is admissible where it tends to prove a common design, scheme, or plan of the defendant. People v. Rose, 198 Ill. App. 3d 1, 6 (1990). Thus, the State argues that evidence of Erzka's shooting should be admissible to establish Hale's accountability for his co-offenders' actions in Shantiel's shooting. The State also claims that the trial court's "slippery slope basis" was inappropriate because the State never sought to introduce any other prior ...


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