People v. Cox

2023 IL App (1st) 170761

217 N.E.3d 1120

466 Ill.Dec. 844

The PEOPLE of the State of Illinois, Plaintiff-Appellee,

v.Havier COX, Defendant-Appellant.

No. 1-17-0761

Appellate Court of Illinois, First District, SIXTH DIVISION.

Filed February 10, 2023

Rehearing Denied March 24, 2023

James E. Chadd, Patricia Mysza, and Christopher L. Gehrke, of State Appellate Defender's Office (Julia Ozello, law student), of Chicago, for appellant.

Kimberly M. Foxx, State's Attorney, of Chicago (Alan J. Spellberg, Matthew Connors, and Tyler J. Cox, Assistant State's Attorneys, of counsel), for the People.

JUSTICE TAILOR delivered the judgment of the court, with opinion.

¶ 1 Defendant, Havier Cox,¹ was charged by way of indictment with four counts of first degree murder for his involvement in the shooting death of Roy Williams. The State proceeded to trial on two of the counts based on a theory of accountability. Following a jury trial, Cox was found guilty of both counts and was sentenced to 41 years’ imprisonment, with 3 years of mandatory supervised release and credit for 2187 days served in presentence custody.

¶ 2 Prior to trial, Cox filed a motion to quash arrest and suppress statements, arguing, inter alia , that he was unlawfully detained and questioned without sufficient Miranda warnings. See Miranda v. Arizona , 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). After a hearing, the circuit court denied Cox's motion. Cox later filed an amended motion to suppress statements and argued that his confession was involuntary and that his right to remain silent was not honored by police officers during the interview process. The court denied Cox's motion to suppress statements following a hearing on the motion where the court viewed the entirety of Cox's time in custody on video.

¶ 3 Thereafter, Cox filed a motion in limine to bar the introduction of "inadmissible evidence from the ERI," arguing that certain portions of his electronically recorded interview (ERI) violated the rules against hearsay. The circuit court denied the motion. Subsequently, the State filed a motion to, inter alia , prevent Cox from introducing exculpatory portions of his ERI. The circuit court stated that it would reserve ruling on the admissibility of the portions at issue until they came up at trial. Cox also filed a motion in limine to produce additional discovery pursuant to Illinois Supreme Court Rule 412 (eff. Mar. 1, 2001), arguing that information about the murder of Sherellee Williamson approximately 20 days prior to the shooting of Roy Williams was necessary for him to "present an alternative suspect theory of defense." The circuit court denied Cox's motion, as well as his subsequent motion to reconsider.

¶ 4 Chicago police detective Ernest Cato testified that on February 12, 2011, he was assigned to investigate the homicide of Roy Williams that occurred on November 28, 2009. Cox had been arrested for "being involved in a possible homicide" and was at the police station. Cox was taken to an interview room equipped with video and audio recording equipment and informed of his Miranda rights. When Detective Cato's shift ended, Cox talked with other detectives. When Detective Cato returned the next day, Cox knocked on the door of the interview room at 6:35 p.m. and asked to speak to Detective Cato alone. When Detective Cato entered the room, he reread Cox his Miranda warnings. Cox then told Detective Cato about his involvement in the murder of Roy. This conversation was recorded on video. Portions of this ERI were played for the jury.

¶ 5 The ERI shows that Detective Cato advised Cox of his Miranda warnings and ensured that Cox understood his rights. Cox then told Detective Cato that, prior to the shooting, Roy, whom Cox knew as "Nose," had his home burglarized and a television was stolen. Soon thereafter, Roy confronted "Charell [sic ], Dominique, Tweety, and Antonio about the TV." The following week, Roy shot at a group of people on 15th Street and Drake Avenue in Chicago, including Sherelle Williamson, but missed them. Later that same day, the group was sitting in a car at 15th Street and Christiana Avenue, and Roy shot at them again, killing Sherellee.

¶ 6 A few days after Sherellee was killed, Cox was at Quentin Vaughn's home at 15th Street and Spaulding Avenue, with Raymond Blount, Dominique Black, Devonjae Strong, and Anthony Newburn. They talked about "stealing a car and proceeding to shoot Roy Williams." They stole a maroon van. At about 9 p.m. on November 28, 2009, Devonjae was driving the van, Anthony was in the front passenger seat, Quentin was behind Devonjae, and Raymond was behind Anthony. The van pulled up to Cox, and someone asked him, "[W]e finna go get down on this n***a, for killing our little homie. You finna come with us?" Cox knew this to mean that they were going to "get down" on Roy for killing Sherellee. Cox then got into the van and sat in the back seat between Quentin and Raymond. Cox had two surgical masks when he got into the van; he was wearing one and gave one to Devonjae. Cox did not see anyone else in the van with a surgical mask.

¶ 7 Cox noted that everyone else was wearing medical gloves. Cox saw Anthony with a metallic-colored automatic handgun. Anthony asked the group, "Y'all got y'all burners?" and "Do y'all have y'all guns? I have mines. I'm ready." Quentin and Raymond said, "Hell yeah," but Cox did not see any other guns. The group then began looking for Roy's car. Cox stated that he eventually told the others to let him out and "I don't wanna ride with y'all." The others then called Cox "a b***h" and told him, "[J]ust be the lookout *** because he gonna ride down Central Park because he got people hustling for him just stay right here, and if you see him, just call our phone." Cox stated that he got out of the van near a bus stop at 13th Street and Central Park Avenue. Cox said that he lost his mask as he got out of the van. Cox admitted that he had Raymond's cell phone and was instructed to call the group if he saw Roy. Approximately 15 to 20 minutes later, the group came around in the van again, and Cox saw Quentin get out of the rear door and start shooting. Anthony got out and also started shooting.

¶ 8 A few days after the shooting, Cox saw Dominique and Antonio talking at 15th Street and Spaulding Avenue. Dominique told Antonio, "[Roy Williams] must be dead. His sister was crying at school, so we had to get that n***." Cox told Detective Cato that he did not call the police, because he "was afraid. Of not, of what might happen to me, but what they might do to me."

¶ 9 During the second clip of ERI that was filmed approximately one hour later, Cox clarified that the group dropped him off on the west side of Central Park Avenue at 15th Street. Cox stated that he was at a bus stop north of a "yellow store" on Central Park Avenue, closer to Roosevelt Road. Cox then identified photographs of Devonjae, Anthony, Raymond, and Quentin.

¶ 10 On cross-examination, Detective Cato testified that on November 8, 2009, several people were shot and Sherellee was killed by Roy. Detective Cato testified that he read Cox his Miranda warnings at approximately 4:44 p.m. on February 12, 2011. The portion of the interview played for the jury occurred approximately 26 hours later, around 6 p.m. on February 13, 2011. While questioning Cox, Detective Cato knew that Cox's DNA had been found on a mask recovered near an abandoned vehicle on November 28, 2009. The interview room where Detective Cato talked to Cox was locked with no windows and a metal bench. Detective Cato testified he told Cox that other people were talking about Cox committing the crime, but Detective Cato admitted that was not true. Detective Cato also admitted that three eyewitnesses, Deandre Feggins, Tyricia Santiago, and Dave Allen, did not identify Cox in a lineup. Detective Cato testified that on February 12, 2011, Cox was 21 years old.

¶ 11 During cross-examination of Detective Cato, the State objected to defense counsel's questioning of Detective Cato about specifics of the interview that were not included in the portions of the ERI previously played for the jury. After a discussion outside the presence of the jury, the circuit court ruled that the sections of the interview that Cox wanted to introduce, including the portion where Detective Cato was untruthful to Cox, were not admissible because Detective Cato had already admitted to being untruthful to Cox. The circuit court ruled that Cox could introduce interview clips only "if you are correcting a misleading statement that was played by the State ***. Other than that, you can talk about environmental factors, as I previously ruled, or a possible impeachment ***." After further discussion, the circuit court reiterated, "[U]nless there is some direct impeachment *** I don't see any other way for you to play clips under the rules of evidence. If there is impeachment, that might be a different story."

¶ 12 On redirect examination of Detective Cato, the State sought to elicit evidence that Cox confessed to Detective Cato after taking a polygraph and being informed of the results. Cox objected, arguing that polygraphs are not reliable evidence. The circuit court overruled the objection, stating, "when the defense is that his statement was coerced by the police, which is clearly what your defense is *** it is proper for the court to admit some evidence of polygraph, but it is certainly not proper to bring in the results." Detective Cato then testified that Cox was told of the results on his polygraph test immediately prior to the portion of the ERI that was played for the jury.

¶ 13 Tyricia Santiago testified that at about midnight on November 28, 2009, she was at her sister's apartment at 13th Street and Central Park Avenue with her boyfriend, Deandre Feggins. When she and Deandre were in the hallway that night, Tyricia heard gunshots coming from the direction of 13th Place. When Tyricia looked out the door, she saw...