People v. Gordon

1

2023 IL App (4th) 220346-U

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MICHA ROY GORDON, Defendant-Appellant.

No. 4-22-0346

Court of Appeals of Illinois, Fourth District

May 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 Peoria County No. 21CF533 Honorable John P. Vespa, Judge Presiding.

JUSTICE TURNER delivered the judgment of the court. Justices Cavanagh and Harris concurred in the judgment.

ORDER

TURNER JUSTICE

¶ 1 Held: Defendant's 50-year prison sentence for first degree murder was not excessive.

¶ 2 In August 2021, a grand jury indicted defendant, Micha Roy Gordon, with two counts of first degree murder (720 ILCS 5/9-1(a)(1), (a)(2) (West 2020)). After a January 2022 trial the jury found defendant guilty on both counts. Defendant filed a motion for a judgment notwithstanding the verdict or in the alternative, for a new trial. At an April 13, 2022 hearing, the Peoria County circuit court denied defendant's posttrial motion and sentenced him to a single prison term of 50 years. Defendant filed a motion for reconsideration of his sentence, which the court denied.

¶ 3 Defendant appeals, asserting his 50-year sentence was excessive because the trial court failed to adequately consider his remorse and other mitigating evidence reflective of his rehabilitative potential. We affirm.

¶ 4 I. BACKGROUND

¶ 5 Count I of the August 31, 2021, indictment asserted defendant, without legal justification, knowingly struck Rolando Westbrook with a knife knowing said act created a strong probability of death or great bodily harm to Westbrook, causing Westbrook's death. See 720 ILCS 5/9-1(a)(2) (West 2020). Count II asserted defendant, without lawful justification and with the intent to kill Westbrook struck Westbrook with a knife, thereby causing Westbrook's death. See 720 ILCS 5/9-1(a)(1) (West 2020).

¶ 6 On January 18, 2022, the trial court commenced defendant's jury trial. The State presented the testimony of the following witnesses: (1) Jadakiss Pickett, an eyewitness; (2) Roger Pickett, Jadakiss's brother and Westbrook's friend; (3) Juanasia Fuller, a friend of Jadakiss and Roger; (4) Dr. Amanda Youmans, the forensic pathologist who performed Westbrook's autopsy; (5) William England, a Peoria police sergeant; (6) Jenna Long, a Peoria police officer; (7) Zachary Jackson, a Peoria police officer; (8) Gerald Suelter, a Peoria police officer; (9) Clint Rezac, a Peoria police detective; (10) Roberto Vasquez, a Peoria police detective; (11) Scott Bowers, a Peoria police officer; (12) John Briggs, a Peoria police officer; and (13) Clay Blum, a Peoria police officer. The State also presented numerous photographs and surveillance videos.

¶ 7 Defendant testified on his own behalf and presented two stipulations. The first stipulation was defendant received medical care on August 24, 2021, and medical personnel observed a three-centimeter stab wound to his left arm, a skin tear to his left pinky, and "a small healed cut to the right side of his head." The second stipulation addressed Westbrook's convictions and noted he had two misdemeanor battery convictions in 2009 and one in 2020. Westbrook also had two felony domestic battery convictions in 2010 and two misdemeanor domestic battery convictions in 2020. The evidence relevant to the issue on appeal follows.

¶ 8 Around 3 a.m. on August 24, 2021, Jadakiss, Roger, Fuller, Westbrook, and a couple of other people were drinking and partying at Taft Homes in Peoria, Illinois. A separate group of people were also partying and drinking nearby. One of the men in the other group was wearing all white and had a dog with him. Roger identified defendant in the courtroom as the man who was wearing all white that night.

¶ 9 At some point, Jadakiss and Fuller left to sit in a vehicle, and Roger was near that vehicle. While they were there, Jadakiss and Fuller observed an altercation between Westbrook and defendant. Jadakiss recorded some of the altercation with her cellphone camera. A man in a red shirt was standing in between Westbrook and defendant preventing them from physically touching. Neither woman saw physical contact between defendant and Westbrook, but Jadakiss testified she saw defendant try to swing at Westbrook. Both Jadakiss and Fuller saw something in defendant's hand but could not identify what it was. Jadakiss denied telling the police it was a boxcutter in defendant's hand. Fuller testified Westbrook did not have a weapon. Jadakiss testified she heard Westbrook say he did not want to fight. The last words Jadakiss heard Westbrook say were "leave me alone." After the altercation ended, Westbrook left and started walking up the sidewalk that led out of Taft Homes. Defendant walked in the same direction as Westbrook. Fuller testified defendant continued to walk behind Westbrook until he was out of her eyesight.

¶ 10 Later, the group learned Westbrook had been killed, and Jadakiss, Roger, and Fuller went to Jefferson Street. They observed Westbrook's body lying in the street, and the police were present. Jadakiss showed the police the video she had of a portion of the altercation between defendant and Westbrook. Jadakiss tried to e-mail the video to the police, but she was unsuccessful. Jadakiss deleted the video from her cellphone, and the police were unable to recover it.

¶ 11 Sergeant England testified he was dispatched to the 700 block of Jefferson Street at 3:57 a.m. and was the first officer on the scene. When he arrived, Sergeant England observed a man lying in a pool of blood in the street near Warren Danz's law office. Sergeant England determined the man was deceased. While on the scene, he spoke with Jadakiss, who had a video on her cellphone. Both he and Officer Long watched the video, but they were unsuccessful in obtaining it from Jadakiss. Sergeant England also searched the area of the scene for a weapon and a blood trail but did not find either.

¶ 12 Officer Long testified she recognized the deceased man in the video played by Jadakiss. The video showed two males fighting at Taft Homes and a third man trying to "deescalate the situation." Officer Long observed a shiny gray object in the hand of the man wearing white and having a dog. The man in white also made a movement towards the victim. Additionally, Officer Long testified Jadakiss told her the man in white had a knife or a box cutter and that man followed the victim out of Taft Homes.

¶ 13 Detective Vasquez testified he examined Westbrook's body at the scene with the coroner and they found no weapons of any type on Westbrook's body. He also had officers gather surveillance videos from Taft Homes, Danz's law office, and buildings between those two locations. None of the surveillance videos recorded the actual stabbing. However, the State played portions of the surveillance videos for the jury. One video showed Westbrook running away from defendant as he left Taft Homes and crossed Adams Street. The video from Miracle Revival Church showed defendant pursuing Westbrook, and the video from Warren Danz's office showed defendant and his dog cross Jefferson Street and walk away from the area.

¶ 14 Detective Vasquez also testified that, later in the day on August 24, 2021, the police executed a search warrant of defendant's residence. The police also transported defendant to the hospital because he was injured. After defendant was treated, he went to the police station where Detective Vasquez along with Detective Rezac interviewed him. During the interview, defendant said he was having a few beers at Taft Homes by himself. As he was leaving, a man he had never seen before came up to him and tried to rob him. Defendant continued his walk, and the man ran up behind defendant and pushed him. When defendant turned around, the man hit him, cut him, and stabbed him. Defendant got the man's knife, and the man threatened to shoot defendant. Defendant believed the man, who weighed 100 pounds more than him, was going to kill him. When the man tackled defendant on Jefferson Street, he used the man's knife to defend himself.

¶ 15 Also, on August 24, 2021, Dr. Youmans conducted an autopsy of Westbrook. At the time of his death, Westbrook was 37 years old, weighed 228 pounds, and was 5 feet, 8 inches tall. Defendant had suffered numerous injuries. He had cuts on his hands, upper chest, and thigh, and his cheek was bruised. Abrasions were located on his forehead, face, hands, side, and left knee. Westbrook also had stab wounds on his lower back, face, neck, and upper chest. The stab to Westbrook's neck caused injury to Westbrook's larynx, thyroid gland, and right jugular vein, which caused substantial bleeding. Dr. Youmans opined the stab wound to the neck was the fatal wound. She also testified the cuts and abrasions on Westbrook's hands were consistent with defensive-type wounds. Additionally, Dr. Youmans testified that, at the time of death, Westbrook's blood alcohol concentration was 0.204 and he had marijuana in his system.

¶ 16 Defendant testified he was 55 years old, weighed 166 pounds, and was 6 feet, 4 inches tall at the time of the incident. Defendant had walked to Taft Homes with his dog and drank three beers. He denied bringing a knife with him. While defendant sat with his dog, Westbrook, whom defendant had never seen before, exchanged words about the dog, and defendant moved further away from Westbrook. Another man gave defendant a fifth of tequila, from which Westbrook took a drink without defendant's permission. Defendant then let Westbrook have the rest of the tequila and walked away from Westbrook. Defendant estimated Westbrook drank three-fourths of...