People v. Ballard

1

2023 IL App (4th) 230035-U

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CAMERON D. BALLARD, Defendant-Appellant.

No. 4-23-0035

Court of Appeals of Illinois, Fourth District

November 9, 2023

This Order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).

Appeal from the Circuit Court of Rock Island County No. 21CF862 Honorable Frank R. Fuhr, Judge Presiding.

JUSTICE KNECHT delivered the judgment of the court. Presiding Justice DeArmond and Justice Zenoff concurred in the judgment.

ORDER

KNECHT, JUSTICE

¶ 1 Held: The appellate court affirmed, concluding (1) the evidence presented was sufficient to prove defendant was the person who fired the shot that killed the victim and (2) trial counsel did not provide ineffective assistance by not filing a motion to suppress a photo lineup identification.

¶ 2 Following a bench trial, defendant, Cameron D. Ballard, was convicted of first degree murder and sentenced to 50 years' imprisonment. Defendant appeals, arguing (1) the State failed to prove he was the person who fired the shot that killed the victim and (2) trial counsel provided ineffective assistance by not filing a motion to suppress a photo lineup identification. For the reasons that follow, we affirm.

¶ 3 I. BACKGROUND

¶ 4 A. Charges

¶ 5 In October 2021, the State charged defendant with one count of first degree murder (720 ILCS 5/9-1(a)(2) (West 2020)) and one count of aggravated discharge of a firearm (id. § 24-1.2(a)(2)). The charges stemmed from a September 29, 2021 shooting that resulted in the death of Christian Rex. Counsel was later appointed to represent defendant against these charges.

¶ 6 B. Bench Trial

¶ 7 In October 2022, the trial court conducted a three-day bench trial. The following is gleaned from the evidence presented.

¶ 8 On the afternoon of September 29, 2021, an informal gathering of family and friends occurred at a residential property in East Moline, Illinois. The property's residents included Dolphus Patterson, two of Dolphus's daughters, Aretha and April Patterson, and one of Dolphus's granddaughters, Shanice Morrow. Included amongst those in attendance at the gathering were Kimberly Patterson, the mother of Shanice, Timothy Matthews, the brother of Shanice and friend of defendant, and defendant. Both Shanice and Timothy referred to defendant as their cousin. The guests at the gathering consumed alcohol and cannabis.

¶ 9 Around 4 p.m., several attendees, including Timothy Shanice, and defendant, left the gathering and went to a nearby gas station. Surveillance footage from the gas station showed defendant wearing long blue shorts, a black T-shirt and what appeared to be a white T-shirt wrapped around his head as a face mask. Defendant also had on white socks and flip-flops. Surveillance footage from the gas station showed Timothy wearing blue jeans, a white T-shirt, and tennis shoes. Both Shanice and Timothy testified defendant did not return with them to the gathering after leaving the gas station. Surveillance footage from a home near the gathering showed defendant walking alone towards the gathering after being at the gas station. Shanice acknowledged later seeing defendant again at the gathering.

¶ 10 Around 5 p.m., LaCaela Williams and her boyfriend, Christian Rex, drove to the residential property in East Moline to visit with Aretha, whom LaCaela described as both an aunt and a cousin. At the time, LaCaela was seven months pregnant with Christian's child. LaCaela and Christian approached the property in LaCaela's vehicle through a back alley. LaCaela was driving, and Christian was seated in the front passenger seat. The windows of the vehicle were down. LaCaela testified she spoke with Dolphus, who indicated she could not park behind the property. Moments later, Kimberly, Timothy, and Shanice approached in a vehicle. LaCaela described Kimberly and Timothy as her cousins. Kimberly was driving the vehicle, Shanice was seated in the front passenger seat, and Timothy was seated in the back seat. According to LaCaela, Shanice began yelling at her. Shanice testified she addressed LaCaela only after LaCaela began yelling at Kimberly. LaCaela and Shanice exited their respective vehicles and confronted each other outside the driver's side of LaCaela's vehicle. Shanice testified she noticed Christian had a gun on his lap when she was approaching LaCaela's vehicle. Kimberly and Timothy went to the driver's side of LaCaela's vehicle to split up LaCaela and Shanice. LaCaela, Shanice, and Timothy testified they and Kimberly remained on the driver's side of LaCaela's vehicle throughout the confrontation.

¶ 11 At some point during the confrontation, LaCaela's attention was drawn elsewhere. She heard someone yelling and, after turning around, saw defendant "all the way back by the house." LaCaela did not know defendant's name at the time. LaCaela testified she and defendant "were on two different levels." She "was familiar with [defendant], [n]ot socially, just somebody who is always around because they have no place to go." She later described defendant as a "regular bum" and a "leech," who "hangs around Aretha's house drinking, smoking." LaCaela testified she also knew of defendant's brother. LaCaela acknowledged she had never invited defendant to her home. She also acknowledged she had never given him her address or asked somebody else to do so. ¶ 12 LaCaela testified defendant was "raising something" when he was yelling. It appeared to LaCaela to be a gun in a plastic bag. She explained, "It looked like what I-it was in like a bag, but the way the bag was formed it kind of looked like a short, rectangle with like a long type of clip." LaCaela told law enforcement the gun "looked like an Uzi or something." LaCaela testified defendant became "a nonrelevant factor;" he "wasn't in the actual confrontation that was going on, so I didn't pay any more mind to him."

¶ 13 At another point during the confrontation, a cup of ice left LaCaela's hand. LaCaela testified Shanice "smacked" the cup out of her hand, while Shanice and Timothy testified LaCaela threw the cup at Shanice. LaCaela testified Kimberly succeeded in getting Shanice to back away from LaCaela, which resulted in Timothy standing closest to her.

¶ 14 Christian, at some point, exited LaCaela's vehicle. After doing so, he proceeded to the front of LaCaela's vehicle, where, according to LaCaela, he and Timothy were yelling at each other. LaCaela testified Timothy was yelling at Christian that "he's an outsider and stuff," to which she responded Christian was "the father of my kid, so we are all family[,] and this is just too much." While Timothy was yelling at Christian, LaCaela noticed Timothy had his hand on a gun in his pocket. She never saw Timothy, who remained near her, remove the gun from his pocket. Both Shanice and Timothy testified Christian was brandishing a gun and yelling that nobody was going to "touch my baby mama." Timothy testified Christian kept his gun directed towards his own chest. LaCaela testified she did not see Christian with a gun or "doing a lot of bodily motions," just "yelling because he was mad at that fact that, you know, everybody was over there and I'm seven months pregnant at the time with his child." Timothy testified he did not realize Christian had a gun until Kimberly said something. LaCaela testified Kimberly yelled out," 'He has a banger, he has a banger.'" Shanice then, according to LaCaela, screamed to defendant," 'Come blow his ass down, cuz, come blow his ass down.'" Shanice acknowledged defendant was near the rear of LaCaela's vehicle at some point during the confrontation.

¶ 15 LaCaela testified, "The next time I saw [defendant] is when I am getting in the car after Christian is in the car and I hear shots." LaCaela clarified she "hear[d] a shot," followed by Christian stating," 'Come on, Baby, he shot me, he shot me.'" At that point, LaCaela looked over and saw defendant flee from the passenger side of her vehicle. LaCaela did not see anybody else near Christian. Timothy and the others who were near the driver's side of LaCaela's vehicle also fled after the shot. Both Shanice and Timothy testified they did not see who fired the shot. LaCaela identified defendant in court as the person who shot Christian. LaCaela acknowledged she did not see defendant fire the shot. On a diagram, LaCaela identified the locations of defendant and others in relation to her vehicle.

¶ 16 After the shooting, LaCaela and Christian sped away in LaCaela's vehicle. At about 6:20 p.m., they encountered a police officer, Officer Thomas Walter. After a brief traffic stop, Officer Walter followed LaCaela and Christian to a nearby hospital. Officer Walter described LaCaela as hysterical. Upon arriving at the hospital, Officer Walter assisted LaCaela with removing Christian, who was unconscious, from LaCaela's vehicle. When doing so, Officer Walter observed a handgun next to Christian, which Officer Walter secured. Officer Walter spoke with LaCaela, but LaCaela was uncooperative. Officer Walter described LaCaela as "[s]till hysterical, crying, wasn't sure what to do." LaCaela acknowledged telling Officer Walter that she "didn't see what happened." LaCaela testified she was too worried about the status of Christian to speak with law enforcement. LaCaela's vehicle was secured for inspection.

¶ 17 While at the hospital, LaCaela called her mother, LaTayna Morris, who then came to the hospital. LaTayna described her daughter as hysterical. LaTayna explained she repeatedly told LaCaela to calm down so she could understand her. LaCaela testified she told her mother "a little bit of what happened," not "everything....