Court of Appeals of Illinois, First District, Fifth Division
from the Circuit Court of Cook County No. 09 CR 16803 (03)
The Honorable William G. Lacy, Judge Presiding.
PRESIDING JUSTICE delivered the judgment of the court with
opinion. Justices Lampkin and Reyes concurred in the judgment
1 Defendant Ronald Henderson was convicted after a jury trial
of the attempted first degree murder of Andre Turner and Joe
Walker and the first degree murder of Chastity Turner during
a drive-by shooting on June 24, 2009, and sentenced to a
total of 100 years with the Illinois Department of
2 On this appeal, defendant claims: (1) that the State failed
to prove defendant guilty beyond a reasonable doubt; (2) that
the trial court erred by allowing testimony by a police
officer that he issued an investigative alert for
defendant's arrest after a photo array and statement by a
witness who did not testify at trial; (3) that defendant was
denied a fair trial when the State was permitted to introduce
evidence of allegedly unrelated guns and other allegedly
unrelated information; (4) that defendant was denied a fair
trial by being tried jointly with codefendant Kevin Stanley
when the evidence against Stanley was allegedly greater; (5)
that defendant was denied a fair trial by allegedly
inaccurate or misleading jury instructions; and (6) that the
State committed prosecutorial misconduct during its closing
3 For the following reasons, we affirm defendant's
conviction and sentence.
5 I. Procedural History
6 On September 15, 2009, a grand jury indicted defendant, and
codefendants Kevin Stanley and Davionne Whitfield for the
first degree murder of nine-year-old Chastity Turner, as well
as for the attempted first degree murder of Chastity's
father, Andre Turner; and Joe Walker. All three were shot in
front of Andre Turner's home on June 29, 2004.
7 On October 29, 2012, defendant filed a motion for
severance, arguing that both of his co-defendants might
assert a defense antagonistic to him in the joint trial,
which would then prejudice him and violate his right to
confront witnesses if he could not cross-examine his
co-defendants. However, on May 13, 2013, when the motion was
heard, the trial court asked defendant's counsel who
defendant wanted to be severed from, and counsel replied only
"I want to be severed from Mr. Whitefield
[sic], " but did not mention Kevin Stanley.
8 As a result, the trial court stated that it was granting
defendant's motion and severed defendant and
Stanley's trial from Whitfield's trial. Thus,
defendant and Stanley were tried together before a single
jury, while Whitfield had his own trial.
9 II. State Witness Testimony
10 At the trial, which began on March 18, 2014, the State
called fifteen witnesses: (1) Dr. Lauren Woertz; (2) Andre
Turner; (3) Julius Davis; (4) Donise Robertson; (5) Tawanda
Sterling; (6) Joe Walker; (7) Officer Edward Garcia; (8)
Officer John Sanders; (9) Officer Nancy DeCook; (10) Paul
Presnell; (11) Mike Mazurski; (12) Aaron Horn; (13) Detective
Timothy O'Brien; (14) Detective Michael O'Donnell;
(15) Lakesha Edwards.
11 Codefendant Kevin Stanley called four witnesses: (1)
Darren Keith Paulk; (2) Keyon Taylor; (3) Alfonzo Deadwiler;
and (4) Sergeant John Nowakowski.
12 The State's theory of the case was that defendant was
the driver of the van used in the drive-by shooting. The
evidence showed that a van approached Andre Turner's home
and that shooters inside the van opened fire, killing
Andre's nine-year old daughter Chastity and also hitting
Andre Turner and Joe Walker.
13 No physical evidence linked defendant to the shootings.
The evidence against him consisted primarily of
identifications by three eyewitnesses: (1) Andre Turner; (2)
Andre's girlfriend, Tawanda Sterling; and (3) Julius
Davis. At the time of the shooting, Andre Turner and Tawanda
Sterling were in front of Andre's home,  with the
passenger side of the van facing them, while Julius Davis was
across the street with the driver's side of the van
14 We provide below a detailed description of the evidence at
trial because defendant argues on appeal that the three
witnesses who identified him at trial all had obstructed or
distracted views, that they did not identify him immediately
after the shooting even though they had all known him for
years, and that they all had a motive to frame him due to
their connection to a rival gang. Defendant argues that,
since their identifications were all weak or tainted, the
scales were tipped against him by a police officer's
testimony that a nontestifying witness viewed a photo array
and the officer then immediately issued an alert for
15 We also provide a description of the evidence against
codefendant Kevin Stanley and the evidence presented by
Stanley, since one of defendant's claims is that he was
denied a fair trial by being tried jointly with Stanley.
16 1. Dr. Lauren Woertz
17 Dr. Lauren Woertz testified that she has been an assistant
medical examiner with the Cook County medical examiner's
office since 2009, and that she is a forensic pathologist.
18 Dr. Woertz testified that, on June 25, 2009, a postmortem
examination of Chastity Turner was performed by Dr. Valerie
Arangelovich, who no longer works for the Cook County medical
examiner's office. Dr. Woertz reviewed the postmortem
examination performed by Dr. Arangelovich, since it is common
practice for forensic pathologists to review examinations by
colleagues who have left the medical examiner's office.
19 The examination of Chastity's body revealed that she
had a bullet entrance wound on the right side of her back.
Given the lack of gun powder stippling, Dr. Woertz opined
that this gunshot wound was not the result of close range
firing. A bullet was recovered from the right side of
20 With a reasonable degree of medical and scientific
certainty, Dr. Woertz opined that the cause of death was a
gunshot wound to the back and that the manner of death was a
homicide. These opinions were consistent with those of Dr.
Arangelovich in her postmortem exam of Chastity.
21 Dr. Woertz testified that Dr. Arangelovich noted some
bruising on Chastity's body as well as three other healed
wounds, none of which were gunshot wounds. Dr. Woertz noted
that, given the "classic straightforward entrance wound,
" she was able to determine that this bullet was not a
ricochet. The parties stipulated that a proper chain of
custody was maintained at all times with regard to the sealed
envelope containing the lead bullet fragment removed from
22 2. Andre Turner
23 Andre Turner testified that Chastity was his nine-year-old
daughter and that Lakesha Edwards was Chastity's mother.
He identified both defendant and Kevin Stanley in the
courtroom, and testified that had had known defendant for 10
or 11 years, and had known Stanley almost all of his life.
24 Andre testified that, in June 2009, he was the leader of a
set of the Gangster Disciples ("GD") gang on the
block of 7400 South Stewart Avenue, which was also where he
lived. Andre knew a man named Gargamel, who was
defendant's brother and the leader of the same set of GDs
that occupied the 7500 block of South Normal Street, which
was a short distance from Andre's block. Andre also knew
Davionne Whitfield, otherwise known as Gucci, who was
affiliated with the Normal block of GDs. At some point before
June 2009, defendant and Whitfield were friendly with Andre
and the Stewart block of GDs. However, by June 2009, they
were no longer friendly with each other.
25 A few weeks prior to the shooting, Andre met with
Gargamel, defendant's brother, to discuss a territorial
proposition regarding the drug business between each
other's blocks. Andre testified that he declined
Gargamel's offer and, afterwards, Gargamel appeared to be
26 Andre also testified that, in the few weeks before the
shooting, there were several fights and shootings between his
faction and Gargamel's faction, which revolved around
disputes between the young members of each faction. Andre
testified that he was present for some of these fights and
shootings, and that at one point he had won a fight between
himself and defendant.
27 On June 24, 2009, at 6:45 p.m., there was a sizeable group
of both adults and children outside Andre's home on South
Stewart Avenue, including his girlfriend, Tawanda Sterling.
Andre and Chastity were in the process of washing their three
dogs. Andre was standing in his driveway in front of his
house and facing the street when he received a phone call
from Deannosha Sharkey,  and then observed a van that he had
never observed before driving on his street. Andre is
colorblind, so he could not provide the accurate color of the
van but he observed it was moving toward himself, southbound,
at a high rate of speed. When the van pulled up to where
Andre was standing, the passenger's side was facing him,
and the passenger side sliding door was already open. In
addition, the front passenger side window was down.
28 Andre testified that, as the van approached, he was able
to observe the front of the van and identified defendant as
the driver. He also identified codefendant Kevin Stanley as
the person in the front passenger seat, who was hanging a
little out of the open window and who began shooting at him.
Andre believed that he heard over 10 shots fired, not all of
which sounded the same. Andre witnessed only Kevin Stanley
shooting, and observed that Stanley was using a rifle with a
29 Andre testified that, after the shooting started, he began
grabbing the children and throwing them over a nearby fence.
Andre had his back toward the van while he was in the process
of placing the children behind the fence. While he was
placing the children over the fence, he was struck by a
bullet in his left bicep. He tried to jump over the fence,
but was unsuccessful, so he ran towards the van. The van sped
off southbound when Andre came within 15 feet of it. As the
van sped off, Andre observed Davionne Whitfield closing the
passenger side sliding door.
30 Andre testified that, shortly after the van fled, a friend
named Tim pulled up in front of his house. Andre's arm
was gushing blood from a gunshot wound, so Andre asked Tim to
drive him to the hospital. Tim transported Andre to St.
Bernard's Hospital. However, Andre testified that he
later woke up at Stroger Hospital in the intensive care unit
("ICU") at some point during the night on June 24,
2009. Chicago police officers visited Andre in the ICU and
notified him that Chastity had died. Andre believed from the
officers' tone of voice that they were blaming him for
Chastity's death, and that they were not on his side. As
a result, Andre refused to cooperate with the officers.
31 In the days and weeks following the shooting, Detectives
Michael O'Donnell and Timothy O'Brien became involved
in the murder investigation. Andre testified that his
feelings toward the investigation changed after these
detectives became involved because they were asking questions
about the individuals who did the shooting rather than
focusing on him. The detectives also were present at
Chastity's funeral, which made a good impression on
32 Andre testified that, after he met with an assistant
State's Attorney ("ASA"), he decided to
cooperate with the investigation. On August 7, 2009, Andre
was contacted by the detectives and travelled to the Area 1
Violent Crimes Office in order to view a lineup of suspects.
During the first lineup, Andre identified Kevin Stanley as
the shooter in the front passenger seat of the van. That same
night, Andre met with an ASA and provided a typewritten
statement. About ten days later, Andre visited a courthouse
and provided sworn testimony in front of a grand jury.
33 Andre testified that, on August 28, 2009, the detectives
contacted him again, and he returned to the Area 1 Violent
Crimes Office to view another lineup. Andre identified
defendant as the driver of the van. Andre testified that he
never identified defendant as a shooter, and did not ever
observe a gun in defendant's hands.
34 Upon cross-examination by counsel for Kevin Stanley, Andre
testified that, around the time of the shooting, Andre was
selling crack-cocaine and using marijuana. However, Andre
could not recall if he had used marijuana on the day of the
shooting. Andre also testified that, when he received the
phone call from Deannosha Sharkey, prior to the van pulling
up, his back was facing the street.
35 Upon cross-examination by counsel for defendant, Andre
again testified that he was not facing the street when he
received the phone call from Deannosha Sharkey. When Andre
received the call, he heard Julius Davis scream, "put
you head up on that van, " which means pay attention.
After that statement, Andre was facing the street, and the
shooting started. Andre's view of the van's driver
was not obstructed by any glare from the sunlight.
Defendant's counsel asked Andre about the statement he
provided to an ASA on August 7, 2009, in which Andre stated
that shots were fired before he could turn around and face
the street. Andre testified that he did, in fact, state this
in his statement to the ASA.
36 Upon redirect examination by the State, Andre testified
that the sun was not in his eyes when he identified defendant
as the driver. He also told the ASA in his statement on
August 7, 2009, that he identified defendant as the driver.
37 3. Julius Davis
38 Julius Davis testified that he recalled being on the 7400
block of South Stewart Avenue around 7 p.m. on June 24, 2009.
At the time, Davis was standing on the southbound corner
which was down the block and across the street from
Andre's house. Davis observed many people in front of
Andre's home, when he also observed a van heading down
South Stewart Avenue toward Andre's home. When he
observed the van pulling up, he yelled "on that van,
" which meant to pay attention to it. Davis observed
that the van stopped in front of Andre's home and that
the occupants of the van began to shoot in the direction of
the residence. Davis testified that he had known defendant
for six or seven years, and he identified defendant as the
driver of the van. As the van drove away from Andre's
house, defendant shot at Davis from the driver's side.
Davis observed that defendant had a gun, but Davis was unable
to provide a description of the gun. Davis observed the van
drive southbound, and then make a westbound turn in the
direction of Normal Street.
39 Davis testified that, during the evening of July 4, 2009,
he met Detectives O'Brien and O'Donnell at the Area 1
Violent Crimes Office in order to view a photo array, from
which he identified defendant. On August 28, 2009, Davis
returned to Area 1 to view a physical lineup.
40 Upon cross-examination by counsel for defendant, Davis
testified that the corner on which he stood was halfway down
the block from Andre's house, on the opposite side of the
street. He was standing by a liquor store on the corner, and
was drinking alcohol, but he did not state the type of
alcohol. Even though Stewart Avenue allows parking on either
side, Davis testified that there were probably not many
vehicles parked at the time "because there don't be
that many cars out there like that." He observed the van
coming down the street and stopping in front of Andre's
house. When the shots started, Davis took cover behind a
nearby tree. Davis heard bullets ricochet off the tree which
he was using for cover, and he tried to duck under some
bushes in an attempt to escape from the bullets. Davis
testified that the van drove past him at the same time he was
moving away from the bullets. The van was not moving fast,
but the whole incident lasted only a few seconds.
41 4. Donise Robertson
42 Donise Robertson testified that, on June 24, 2009, she
resided on South Stewart Avenue, on the opposite side of the
street from Andre's home. Robertson had babysat two of
Andre's children on June 24, 2009, and at around 5:45
p.m., Robertson and the children departed her home and walked
across the street to Andre's home. Thirteen or fourteen
people were present at that time.
43 Robertson testified that she and others went to purchase
snow-cones for the children. Chastity was outside preparing
to wash Andre's dogs. Andre and Chastity were near the
front fence and in the driveway which was close to the
sidewalk in front of the house. After returning, Robertson
remained at Andre's home where she sat at the top of the
porch with other people to watch the children playing in the
44 Robertson testified that she was still sitting on the
porch at 6:50 p.m. when gunshots drew her attention to a teal
green van traveling southbound on Stewart Avenue toward her
at Andre's house, with the passenger side of the van
facing her. Robertson first observed the van when it was near
the garbage receptacles next door to Andre's home. She
was not able to observe the driver, but was able to identify
Kevin Stanley as the shooter in the front passenger seat. She
observed Stanley hanging out of the front passenger window as
he was shooting. Robertson testified that she had known
Stanley for four or five years at this point, and that she
had a clear, unobstructed view of Stanley during the
45 Robertson testified that she observed another individual,
Davionne Whitfield, shooting from the right-side passenger
sliding door of the van. She identified him as "Gucci
Man." Robertson's eldest son was friends with
Whitfield, and she recognized him as someone who had come in
and out of her home during the past two or three years.
46 Robertson testified that, when the shooting began, she
dropped to the floor of the porch, and thus was unable to
observe what happened to the van after the shooting started.
Following the shooting, Robertson took the two children she
was babysitting back to her house across the street. After a
couple of minutes, the police arrived. She went back to the
scene after the police asked to talk to her. Robertson
informed the first responding officers that she knew who did
it and provided them with the nicknames of the
shooters-"Kevo" for Kevin Stanley and
"Gucci" for Davionne Whitfield.
47 Robertson testified that, at around 8:30 p.m. that same
night, she went to the Area 1 Violent Crimes Office, where
she met with Detective Timothy O'Brien. Robertson
received a set of photographs to review and identified
Whitfield from the first photo array. Approximately three
hours later, Robertson met with another detective, Detective
Brian Lutzow, and viewed a second photo array, from which she
identified Kevin Stanley as the shooter in the front
passenger seat. About an hour after that, Robertson viewed a
physical lineup and identified Whitfield as the shooter in
the back of the van.
48 Robertson testified that, on June 26, 2009, she met with
an ASA and a detective, and gave a handwritten statement. On
July 9, 2009, Robertson appeared before a grand jury. On
August 7, 2009, Robertson returned to Area 1 to view another
physical lineup, from which she identified Kevin Stanley as
the other shooter.
49 5. Tawanda Sterling
50 Tawanda Sterling testified that, on June 24, 2009, she was
living with Andre Turner and his mother on South Stewart
Avenue, and was in a relationship with Andre. Sterling was at
Andre's home at 6:50 p.m. on June 24, and there were many
people, both on the porch and in the front yard. Around 6:50
p.m., Sterling was at the bottom of the porch and observed
Andre and his daughter washing their three dogs in the
driveway, near the sidewalk.
51 While sitting on the bottom step of the porch,
Sterling's attention was drawn to the van when Julius
Davis shouted "on that van, " which meant to pay
attention to the van. The passenger side of the van was
facing the house. Sterling turned around and looked at that
van, which had already stopped in front of the house. Then
shots began firing from the van. The van's passenger side
sliding door was open, allowing Sterling to identify Davionne
Whitfield kneeling and shooting. Sterling was unable to
obtain a clear view of the person shooting from the front
passenger seat, but she was able to observe the driver, whom
she identified as defendant. Sterling had known defendant for
a couple of years at this point. Sterling then attempted to
corral the children, but Andre was already in the process of
doing that, so she ran into the house through the front door.
52 Sterling testified that, later that same evening, she went
to the Area 1 Violent Crimes Office in order to talk to some
detectives. At around 1 a.m., she viewed a physical lineup,
from which she identified Gerald Lauderdale and Davionne
Whitfield. However, Sterling identified Lauderdale only
because he hangs around with Whitfield, and she made the
detective aware of her mistake after she viewed the lineup.
53 Sterling testified that, on June 26, 2009, she gave a
handwritten statement to an ASA. On July 9, 2009, she
testified before a grand jury. On August 28, 2009, she
returned to Area 1 in order to view another lineup. From this
lineup, Sterling identified defendant as the driver of the
54 Upon cross-examination by counsel for defendant, Sterling
was shown the statement she had provided to the ASA on the
night of June 24, 2009, and Sterling recognized her signature
on every page. Counsel for defendant noted that, in the
statement, Sterling stated that "she noticed the driver
of the van had a gun, but did not recognize who he
was[.]" Counsel for defendant and counsel for the State
agreed to stipulate that this was indeed in the statement.
However, when asked if she had in fact stated this, Sterling
testified that she did not. Next, Sterling was asked if she
had mentioned defendant's name during her grand jury
testimony. Counsel for each side agreed to stipulate that she
did not, but Sterling testified that she remembered
mentioning his name.
55 Returning to the events of the shooting Sterling testified
that it was a hot day, and while sitting outside, she was
drinking from a pint of Amsterdam Vodka, but added that it
"wasn't enough to get me super drunk."
56 Upon redirect examination by the State, Sterling testified
that, right after the shooting, she travelled to the hospital
to be with Andre. At Stroger Hospital, Sterling provided a
statement to detectives and an ASA while Andre was lying in a
bed next to her. She stated that she observed the driver and
thought he had a gun. Sterling then testified that, before
the grand jury on July 9, 2009, she was never asked about
defendant, and had not identified defendant at that point.
57 Upon recross-examination by counsel for defendant,
Sterling testified that the first time she mentioned
defendant's name to the police was when she visited the
police station in August.
58 6. Joe Walker
59 Joe Walker testified that, on June 24, 2009, he had known
Andre Turner for almost 20 years. Walker was at Andre's
home on June 24, 2009, at 6:50 p.m., when many people were
also present. Walker recalled facing the house and conversing
with Andre in the driveway, near the sidewalk, with Andre
facing South Stewart Avenue. Andre received a phone call and,
approximately at that moment, Walker heard gunshots coming
from behind him. Walker was shot in his back and fell in the
driveway, where he remained until the paramedics arrived to
take him to Stroger Hospital. Since he remained on the ground
after he was shot, he was unable to identify anybody in the
60 7. Officer Edward Garcia
61 Officer Edward Garcia testified that he is a Chicago
police officer stationed in the Englewood neighborhood.
During the evening of June 24, 2009, he was patrolling the
Englewood area with his partner, Officer Torres. At 7:20
p.m., Garcia received information over his radio concerning a
green van believed to be involved in a shooting earlier that
day. Garcia and his partner found a van matching the radio
description in an alley off of South Parnell Street,
approximately three blocks from the crime scene. The van was
parked on the grass in the alley with its doors open and the
engine still running. Garcia observed a man named Christopher
Cannon walking away from the van, and approximately 50 or 60
feet from the van. Garcia did not observe Cannon or anyone
else inside the van. While Garcia and his partner secured the
van, another police vehicle transported Cannon to Area 1
around 7:30 p.m.
62 8. Officer John Sanders
63 Officer John Sanders testified that he was a Chicago
police officer assigned to the Englewood police district. On
June 24, 2009, at 10:40 p.m., Sanders was on patrol in the
area of the 7400 block of Normal Street with his partner,
Derrick Patterson, when Sanders noticed multiple people enter
a dark colored van at a quick pace and drive off. Sanders was
aware of the shooting that had occurred a few hours before.
64 When the van disobeyed a stop sign, Sanders pulled the van
over. As he approached the stopped van, Sanders observed four
individuals in the van, including Gerald Lauderdale, who was
a known associate of Davionne Whitfield. Sanders observed a
bag in the van and what he believed to be a handle of a
weapon protruding from it.
65 Sanders testified that he detained all of the individuals
in the van. Lauderdale was transported to Area 1 Violent
Crimes Office. A rifle was recovered from the bag that
Sanders had observed in the van.
66 9. Officer Nancy DeCook
67 Officer Nancy DeCook testified that she is a Chicago
police officer and forensic investigator. On June 24, 2009,
around 7 p.m., she received an assignment at South Stewart
Avenue with her partner, John Miller.
68 On the scene, DeCook observed fired cartridge cases from a
.22 caliber rifle in the street in front of Andre
Turner's home. She also found two spent .40 caliber
cartridges, one at the top landing of the porch and one on
top of the steps.
69 DeCook testified that she recovered two weapons from the
scene. First, she recovered a Smith & Wesson .38 caliber
revolver from within the barbecue grill under the back porch.
Second, she recovered a .40 caliber Kel-Tec semiautomatic
weapon from the top of the roof. The firearms and casings
were identified, photographed, and inventoried. From the time
the evidence was recovered, it was in the sole possession of
the Chicago police department.
70 DeCook testified that she was then directed to Stroger
Hospital to photograph and collect evidence from Joe Walker,
Andre Turner, and Ricardo Foster. DeCook performed a gunshot
residue test on all three men and also collected Walker's
71 Upon cross-examination by counsel for Kevin Stanley,
DeCook testified that gunshot residue may be washed off
one's hands. DeCook did not know whether or not any of
the three men had washed their hands or if the hospital had
disinfected their hands prior to her administration of the
gunshot residue test.
72 10. Paul Presnell
73 Paul Presnell testified that he is a forensic investigator
for the Chicago police department and was on duty on June 24,
2009, when he received an assignment to perform a gunshot
residue test on Davionne Whitfield at Area 1 Detective
Division. Presnell arrived at Area 1 at 10:25 p.m. and
performed the test. In addition, Presnell collected
Whitfield's shirt to inventory as evidence.
74 11. Mike Mazurski
75 Mike Mazurski testified that he was an evidence technician
with the Chicago police department and that he was on duty at
9:46 a.m. on June 25, 2009, when he received an assignment to
recover a tote bag containing a handgun and ammunition. The
bag was recovered on top of a barbecue grill in the backyard
of Andre's residence on South Stewart Avenue. After
photographing the tote bag as it appeared at the scene,
Mazurski transported the tote bag back to his office. At his
office, Mazurski removed all the items and photographed them
individually. Afterwards, he inventoried each item.
76 12. Aaron Horn
77 Aaron Horn testified that he was a forensic scientist with
the Illinois State Police, specializing in the area of
firearms. Horn examined: (1) a Serrifile Incorporated Model
Terrier One .32-caliber Smith & Wesson revolver, (2) a
Smith & Wesson Model 10-5 revolver, (3) a Ruger 1022
semiautomatic rifle, and (4) a Kel-Tec Model P40
semiautomatic pistol. Horn determined that all four firearms
78 Horn testified as follows about the difference between a
revolver and a semiautomatic firearm. Revolver cartridges
must be manually removed after being discharged. In contrast,
a semiautomatic firearm automatically ejects spent cartridges
out of the weapon after being discharged. Semiautomatic
rifles and pistols work in the same fashion. Though the
ejection port on a semiautomatic firearm is supposed to eject
the spent cartridge in one direction, Horn testified that,
due to numerous variables, there was no reliable way to
determine if the cartridge ejects in the same direction every
time. Shooter position, type of ammunition used, and the
surface the cartridge hits all affect where the spent
cartridge ultimately lands.
79 Horn testified that he examined a fired bullet from the
medical examiner's office and determined that the bullet
was a .22 caliber and that this bullet could not have been
fired from any of the four firearms which he had previously
80 Horn testified that he determined that all five
.22-caliber long rifle casings recovered from South Stewart
Avenue were fired from the same firearm. These five
.22-caliber long rifle casings could not have been fired from
any of the four firearms which he previously examined. Seven
other .22-caliber long rifle cartridges were also fired from
the same weapon as the previous five .22 cartridges. None of
the 12 total .22-caliber cartridges were fired from any of
the four firearms examined. Another cartridge casing
recovered was a .223 caliber which could not have been fired
from any of the four firearms examined.
81 Horn testified that two .40 caliber cartridge casings
found on the front porch of Andre's home were fired from
the same firearm and only the Kel-Tec Model P40
could have fired these cartridges. After further
examination, he determined that the two .40 caliber
cartridges found at the scene were fired from the
82 Horn testified that a carbine is a generalized term for a
short-barrel rifle, though there is no specific length
requirement. The two .40 caliber cartridges came from the
Kel-Tec, but it is possible for the .22-caliber long rifle or
.223 caliber cases to have been fired from a carbine type
rifle. The .22 caliber cartridge casings could also have been
fired from a semiautomatic pistol as well as a revolver
designed to fire that caliber. It was possible that the
bullet he received from the medical examiner's office
could have been fired from a revolver.
83 Horn testified that bullets typically cannot be compared
to casings as "any markings transferred from the casing
to the bullet would be obliterated by the time it travels
down the barrel." However, bullets can be compared to
firearms. Horn opined that, based upon the number of shell
casings he examined, there was a minimum of two firearms in
this incident and a maximum of three.
84 13. Detective Timothy O'Brien
85 Detective Timothy O'Brien testified that he was a
homicide detective with the Chicago police department and was
assigned to the Area 1 Detective Division on June 24, 2009,
which is the police district where the incident occurred.
During the ten years that he worked as a detective in Area 1,
he had personally investigated nearly 1000 murders and
shootings. In the course of his ...