People v. Dixon

1

2024 IL App (1st) 230050-U

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. OMAR DIXON, Defendant-Appellant.

No. 1-23-0050

Court of Appeals of Illinois, First District, Fifth Division

December 13, 2024

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 Cook County. No. 15 CR 3593 Honorable Joseph M. Claps, Judge, presiding.

JUSTICE NAVARRO delivered the judgment of the court. Presiding Justice Mikva and Justice Oden Johnson concurred in the judgment.

ORDER

NAVARRO JUSTICE

¶ 1 Held: The court did not abuse its discretion in admitting proof of other crimes and the State proved defendant guilty of first degree murder and armed robbery beyond a reasonable doubt.

¶ 2 Following a bench trial, defendant Omar Dixon was convicted of first degree murder and armed robbery and sentenced to consecutive terms of 54 and 31 years' imprisonment respectively. On appeal, he argues that the court abused its discretion in allowing proof of other crimes and the State failed to prove his guilt beyond a reasonable doubt. For the following reasons, we affirm.

¶ 3 Defendant was charged with multiple counts of first degree murder and armed robbery for shooting and killing Terrance Harris and taking cannabis from Harris's person on January 14, 2015.

¶ 4 Before trial, the State filed a notice of intent to introduce other-crimes evidence involving the shooting of Corey Smiley. On January 8, 2015, Smiley had been shot at by two people, one of whom he identified as defendant. Several .40-caliber fired cartridge casings and two 9-millimeter fired cartridges were recovered from the scene of Smiley's shooting, and one .40-caliber fired cartridge was recovered from the scene of Harris's shooting. Forensic testing indicated all the .40-caliber casings were fired from the same weapon. Defense counsel objected, arguing that no evidence showed that defendant had fired the .40-caliber weapon at Smiley, the shootings were dissimilar where only one person shot Harris, and the evidence would be more prejudicial than probative. The court ruled the State could introduce the other-crimes evidence to establish defendant's identity as Harris's shooter.

¶ 5 At trial, Farad Murphy testified that, in 2017, he pled guilty to a misdemeanor firearm offense that had been charged as a felony and reduced as part of his plea and not in exchange for his testimony in this case.

¶ 6 On January 14, 2015, Murphy lived on the 8100 block of South Artesian Avenue, in Chicago. That afternoon, defendant whom Murphy had known for five years, phoned Murphy requesting to purchase marijuana. Murphy had none, so he called Mackenzie McDowell. Murphy arranged for he and defendant to meet McDowell between houses at 8130 Artesian for defendant to purchase marijuana from McDowell.

¶ 7 Around 5:15 p.m., Murphy met defendant at Artesian and 80th Street and walked with him to the gangway at 8130 Artesian. Defendant wore all black and his hair was in "[s]hort twists." Murphy contacted McDowell to bring the marijuana.

¶ 8 Harris, whom Murphy had not met before but had seen and believed to be related to McDowell, entered the front of the gangway. Harris faced Murphy and defendant, who were standing side by side. Harris handed a bag of marijuana to defendant, who drew a firearm, pointed it at Harris, and said, "this is mine." Harris lunged towards defendant, and Murphy saw a flash and heard a "bang." Murphy ran out of the gangway towards Artesian and turned left.

¶ 9 The State published surveillance footage from a camera at a neighbor's house on Artesian. Murphy testified that, at the time, he had dreadlocks that went past his shoulders. The video is included in the record on appeal and has been reviewed by this court. When the timestamp shows 5:18, it depicts a man whom Murphy identified as Harris approaching a house, then walking backward the way he had come, turning, and walking on a sidewalk until he is off screen. About 30 seconds later, a person with long hair, whom Murphy identified as himself, runs from that direction. Murphy testified he ran after Harris had been shot.

¶ 10 Murphy further testified that, after leaving the gangway, he went to the home of his friend Hakeem Abdullah, who knew defendant. Murphy told Abdullah about the shooting. Murphy twice testified during trial that he told Abdullah that defendant was the shooter but also testified during trial that he did not remember if he named the shooter.

¶ 11 Murphy left Abdullah's and received a phone call from defendant, who apologized and asked Murphy to pretend he did not know what happened and lie to police about defendant's presence. Murphy's brother drove Murphy to the police station. While they were on the way, defendant called Murphy a few more times. Murphy did not answer and threw his phone in the street out of fear. At the police station, Murphy identified defendant in a photo array. On February 4, 2015, he returned and gave a statement indicating that he told Abdullah that defendant "used" him and robbed and killed someone.

¶ 12 Murphy, who was 29 years old during the 2022 trial, initially testified he had known McDowell for 5 to 7 years before the shooting and purchased marijuana from him three to five times. However, he had testified to the grand jury in 2015 that he had known McDowell for one or two years and had purchased marijuana from him 5 to 10 times, and later testified during trial he had known McDowell since seventh grade. Murphy had several phone conversations with McDowell before the transaction with defendant but did not remember McDowell calling him at 5:17 and 5:18 p.m. the day of the shooting.

¶ 13 McDowell testified that Harris was his cousin. On January 14, 2015, he picked up Harris and Harris's approximately three-year-old son, and the trio planned to attend a basketball game. Harris said he needed to meet someone to sell marijuana and directed McDowell to 82nd Street and Artesian. At some point, Harris received a phone call from Murphy.

¶ 14 When McDowell and Harris arrived at 82nd and Artesian, Harris exited McDowell's vehicle. He approached a house, stopped, giggled, and said, "damn, I'm at the wrong house." He walked one or two houses over and entered a gangway. McDowell did not recall telling Harris that he was approaching the wrong house. Defense counsel asked if it was a "fact" that McDowell knew Harris was approaching the wrong house because McDowell had arranged the transaction on his "burner phone," and McDowell testified that was false.

¶ 15 McDowell saw Harris walking in the gangway "next to [Murphy]." There was another person in the gangway. McDowell could not see that person's face or clothing, but "[k]ind of" saw the person's hair, which was short. Murphy and Harris stood next to each other and the other person was in front of them. Harris raised his hand as if to protect himself or fight. McDowell saw a flash, heard a "pop," and saw Harris fall.

¶ 16 After the shot, Murphy ran out the front of the gangway and turned to his left. The other person disappeared towards the back of the gangway. McDowell drove around the block and through the alley between Artesian and Campbell Avenue, trying to catch the person. He saw someone in black at the end of the alley on 81st Street. The person did not look like Murphy. He could not tell the length of the person's hair. McDowell drove to the end of the alley and lost sight of the person, who ran behind a garage.

¶ 17 McDowell returned to Artesian, exited his vehicle, and approached Harris. He did not call 911 as his phone was in his vehicle. He denied placing the phone with which he had communicated with Murphy inside Harris's pocket. A girl came outside and he asked her to call 911. The police arrived but he did not speak to them and they asked him to leave for being "unruly." As McDowell left, he saw somebody between two houses on Campbell near 81st. The person, whom McDowell identified in court as defendant, yelled "it wasn't me," and ran.

¶ 18 When McDowell arrived at his home, his grandmother was there with a detective. He did not speak with the detective. However, he was interviewed by detectives at the police station later that night, and again a few days later. On January 16, 2015, he identified defendant in a photo array as the person he saw on Campbell. He did not tell detectives that Murphy, whom he had known since 2005, was present during the shooting or involved in the marijuana deal as he had seen Murphy at the police station and thought they already knew. He denied arranging the marijuana transaction with Murphy or ever selling marijuana to Murphy. He denied that Murphy called him on his "burner phone" that day or that he called Murphy at 5:17 and 5:18 p.m. the day of the shooting from his burner phone.

¶ 19 McDowell did not recall testifying to the grand jury that (1) when Harris exited his vehicle, he told Harris that Harris was approaching the wrong house; (2) he did not know who the three people in the gangway were; or (3) the person he saw in the alley after the shooting had "long dreads." He did not recall whether, in his grand jury testimony, he mentioned Murphy's name or referred to him "as the guy with the long dreads."

¶ 20 Chicago police detective Thomas Carr testified that he responded to the scene of Harris's shooting and saw Harris's body in the gangway. He observed a .40-caliber cartridge nearby, and recovered an iPhone and a flip phone from Harris's coveralls. The flip phone showed a call from Murphy that was "recent to the time of the incident" and "several calls prior to the shooting." Carr viewed the neighbor's security footage, and spoke with Murphy, who...