People v. Emmons

1

2024 IL App (1st) 220229-U

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CHRISTOPHER EMMONS, Defendant-Appellant.

No. 1-22-0229

Court of Appeals of Illinois, First District, Sixth Division

May 31, 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. 18 CR 10722 Honorable James B. Linn, Judge, presiding.

PRESIDING JUSTICE ODEN JOHNSON delivered the judgment of the court. Justices Hyman and C.A. Walker concurred in the judgment.

ORDER

ODEN JOHNSON, PRESIDING JUSTICE

¶ 1 Held: We affirm defendant's conviction for second degree murder where the evidence was sufficient to establish that he had the requisite mental state for murder.

¶ 2 Following a bench trial, defendant Christopher Emmons was found guilty of second degree murder and sentenced to 16 years in prison. On appeal, defendant argues his second degree murder conviction should be reduced to involuntary manslaughter because the evidence failed to establish that he had the requisite mental state for the murder of Herbert Lemon. We affirm.

¶ 3 Defendant was charged by indictment with two counts of first degree murder and one count of unlawful restraint. The first count of first degree murder alleged that defendant intentionally or knowingly beat and killed Lemon (720 ILCS 5/9-1(a)(1) (West 2018)). The second count of first degree murder alleged that defendant beat and killed Lemon knowing that such act created a strong probability of death or great bodily harm (720 ILCS 5/9-1(a)(2) (West 2018)). The unlawful restraint count alleged that defendant knowingly without legal authority detained Lemon (720 ILCS 5/10-3(a) (West 2018)).

¶ 4 At trial, Peter Bowens testified to the following. Bowens and Lemon were cousins and on June 11, 2018, they went to the liquor store, A &S Beverages. Bowens attempted to purchase a single beer, but he did not have enough money. Lemon did not purchase anything.

¶ 5 The next afternoon, on June 12, 2018, Bowens and Lemon went to A &S Beverages again. Bowens did not know that Lemon had stolen a bottle of liquor from the store the day before and had he known, he would not have gone inside the store. Bowens put a beer on the counter and grabbed his wallet. The store security guard slammed a bottle on the counter and told Lemon, who was walking on the other side of the aisle "[y]ou're going to pay for this." Bowens identified defendant in court as the security guard describing him as tall, kind of heavyset, approximately 6'3", and "older looking." Bowens did not know defendant, nor had he seen him before. Bowens heard Lemon respond, "Pedro on that," which Bowens did not understand at the time and confused him.

¶ 6 Bowens then heard Lemon being beaten on the other side of the aisle and saw "maybe a punc.," Bowens also started getting punched and heard someone in front of him say, "[h]e's with him," but did not know who. Bowens could not recall how many times he was hit but thought three people were attacking him. He tried to stop them and did not recall throwing any punches, but if he did, it was due to self-defense. Bowens could not see what was happening to Lemon at that point. He believed he and Lemon both ended up in the back of the store but could not really see because he was getting "jumped on."

¶ 7 Bowens was a FOID and concealed carry holder and acknowledged that he was armed with a .9 Beretta firearm while in the store that day. His firearm was on his hip in a holster. Bowens did not reach for, brandish, or threaten anyone with his firearm that day. He was not aware of who took his firearm and did not see it again until police officers returned it to him.

¶ 8 After the incident, Bowens and Lemon were able to get back up and on their feet. Everyone involved in the incident then gathered by the cashier area where the incident started and surrounded Bowens and Lemon. Defendant handcuffed Bowens and Lemon together. Police officers eventually arrived, and Bowens "pleaded" for them to watch the video as he did not steal. A sergeant arrived, viewed the video, and immediately removed the handcuffs. Bowens refused medical treatment at the scene. Bowens initially told police he wanted to press charges against everyone, but changed his mind when he was offered money by defendant and the store. They received a bottle of vodka, Bowens received $300, and Lemon received $50.

¶ 9 Bowens was "really bleeding bad," and Lemon looked "all right for a while," aside from a swollen face and a lump on his head. Lemon was able to talk. Bowens drove Lemon home. While they sat in the vehicle, they argued a little about the situation and drank some of the alcohol they had just received. Before Bowens left for the hospital where his son was having surgery, Lemon stated he had a "bad headache" and was going inside his home to lie down. Between the time Bowens and Lemon left the liquor store and Lemon went inside his home, nothing else happened to Lemon and no one else hurt him in any way.

¶ 10 Bowens received medical treatment while at the hospital waiting for his son. Bowens was tested for stress and trauma to his neck and head, received an MRI, and received stiches over his eye. He had to undergo physical therapy for almost six months to treat his neck.

¶ 11 Later that day, Lemon's fiancee called Bowens and told him that Lemon was not waking up and coughing blood. Bowens told her to call an ambulance. When Bowens arrived at the hospital where Lemon was taken, he saw Lemon and thought he looked asleep. Bowens learned Lemon later passed away due to his injuries. To the best of his knowledge, Lemon had been in good health prior to that day.

¶ 12 The State introduced video footage from inside the store, which was admitted into evidence without objection. This court has viewed the video footage, which is included in the record on appeal. In one video depicting the scene before the altercation, Bowens, identified as wearing a black and blue jacket, and Lemon, identified as wearing a black jacket, walk into the store. Bowens retrieves a beer from a case, walks up to the register, and places the bottle on the counter. Lemon is behind him and has nothing in his hands.

¶ 13 In another video, defendant is seen repeatedly striking Lemon in his face, head, body, and throwing him to and dragging him across the floor. Two other employees are also seen striking and kicking Lemon all while he is crawling on the floor and attempting to escape. A blood smear is seen on the floor underneath Lemon when he is dragged by defendant and others. Lemon runs toward the front door while defendant and another employee follow after him. In another video, Bowens is seen with blood on his face and Lemon is seen with two lumps near both of his eyes. Defendant handcuffs them together.

¶ 14 On cross-examination, Bowens clarified that he was not aware Lemon had stolen from the store the day before the incident, and if he had known, he would not have been happy to hear it. While Bowens was searching for the beer he wanted on the day of the incident, Lemon was looking around and did not pick up anything. Bowens did not see defendant strike Lemon the first time, but saw defendant strike him at some point. Bowens also heard someone say, "[h]e be with him," and then he started "getting attacked." Bowens did not hear Lemon shout, "Pedro get that gun;" rather, he heard "Pedro on that." Pedro was Lemon's nickname for him. Bowens denied that he told officers that he heard Lemon shout, "Pedro get that gun," explaining that he just repeated back what was said at the store.

¶ 15 Bowens assumed one of the employees took his firearm, but he could not recall when it was taken during the assault. Bowens did not hear Lemon say "shoot" or "shoot them." Bowens did not recall the length of the altercation, but it was longer than 10 seconds. Bowens and Lemon stayed in the store maybe 30 minutes after the altercation.

¶ 16 Bowens noticed Lemon had a bump over his right eye and some swelling on his face, but he did not see any lacerations on Lemon's head or blood coming from his nose. It was "kind of impossible" for Bowens to see anyone stomping or kicking Lemon, because Bowens was getting "jumped on." Bowens agreed that he only saw one punch thrown at Lemon.

¶ 17 Simone Christmon testified she was working at A &S Beverages as a cashier on the day of the incident. Her sister, Shadell White, came to visit her at the store that day. Also working at the store that day were "stock boy[s]" Thomas Wallace, Sammy Wallace, and Jamal Harris, and their supervisor, Hanna Aboukier.^[1] Christmon saw defendant, the store security guard, at the store almost every day.

¶ 18 On June 12, 2018, a little before 1 p.m., Christmon heard defendant tell Sammy that someone had stolen something the night before. She did not know what or who defendant was talking about. A little after 1 p.m., two individuals came into the store. One dressed in a black jacket was later identified as Lemon; the other dressed in jacket with blue tracking was later identified as Bowens. Christmon recognized Lemon as a regular customer, who came into the store almost every day.

¶ 19 Christmon was standing behind a cash register close to the main door talking to her sister when Lemon and Bowens came into the store. Bowens put a beer on the counter. Lemon was standing behind him. Defendant came up behind them, placed a bottle on the counter, and stated that they had to pay for the bottle that they stole the night before. Bowens asked, "what bottle?" She did not see weapons on either individual.

¶ 20 Defendant turned and punched Lemon in the face. Lemon began to flee toward the...