People v. Keys

227 N.E.3d 136

2023 IL App (4th) 210630

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

v.Ocheil D. KEYS, Defendant-Appellant.

NOS. 4-21-0630, 4-22-0017, 4-22-0018 cons.

Appellate Court of Illinois, Fourth District.

Filed August 14, 2023

Appeal from the Circuit Court of Vermilion County, Nos. 17CF725, 19CF732, 19CF733, Honorable Nancy S. Fahey, Judge Presiding.

James E. Chadd, Douglas R. Hoff, and Caroline E. Bourland, of State Appellate Defender’s Office, of Chicago, for appellant.

Kwame Raoul, Attorney General, of Chicago (Jane Elinor Notz, Solicitor General, and Katherine M. Doersch and Eric M. Levin, Assistant Attorneys General, of counsel), for the People.

OPINION

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

¶ 1 Following a jury trial, defendant, Ocheil D. Keys, was convicted of the following offenses: first degree murder (720 ILCS 5/9-1(a)(1) (West 2016)) and concealment of a homicidal death (720 ILCS 5/9-3.4(a) (West 2016)) in case No. 17-CF-725, dismembering a human body (720 ILCS 5/12-20.5(a) (West 2016)) and concealment of a homicidal death (720 ILCS 5/9-3.4(a) (West 2016)) in case No. 19-CF-732, and dismembering a human body (720 ILCS 5/12-20.5(a) (West 2016)) and concealment of a homicidal death (720 ILCS 5/9-3.4(a) (West 2016)) in case No. 19-CF-733. Defendant was sentenced to an aggregate of 96 years’ imprisonment. The cases were consolidated for appeal. On appeal, defendant argues (1) he was not proved guilty of first degree murder beyond a reasonable doubt, (2) numerous instances of ineffective assistance of trial counsel, (3) a violation of his right to a speedy trial as to the charges brought in 2019, and (4) one conviction for dismembering a human body and two convictions for concealment of a homicidal death must be vacated because the legislature did not permit multiple convictions under the relevant statutes. We affirm.

¶ 2 I. BACKGROUND

¶ 3 On October 22, 2017, defendant and the victim, Barbara Rose, shared a romantic relationship. Rose lived with her two daughters, ages 18 and 8, in a single-family home in Danville. Rose’s adult sons, Trent and Trai, lived in their own homes but visited Rose frequently. Though defendant maintained his own residence, he stayed with Rose. On October 24, 2017, Trent reported Rose missing to the police. No one had seen or heard from Rose since October 22, 2017. On October 29, 2017, the police arrested defendant for Rose’s murder.

¶ 4 A. The 2017 Information

¶ 5 On October 31, 2017, the State charged defendant by information with six counts of first degree murder (alleging various theories of murder and that defendant personally discharged the firearm that caused Rose’s death) and one count of concealment of a homicidal death in case No. 17-CF-725. The concealment charge alleged as follows:

"[Defendant] on or about the 22 day of October, 2017, with knowledge that [Rose] had died by homicidal means, knowingly concealed the death of [Rose] by transporting her body from the place of her death and hid or otherwise disposed of her remains, in violation of 720 ILCS 5/9-3.4 (a)."

¶ 6 B. The 2019 Indictments

¶ 7 On December 20, 2019, a Vermilion County grand jury indicted defendant on one count of dismembering a human body and one count of concealment of a homicidal death in case No. 19-CF-732. The dismembering count alleged that defendant, "on or about" the twenty-third to the twenty-sixth day of October 2017, "knowingly mutilated the deceased body of [Rose], by use of fire." The concealment count alleged that defendant, "on or about" the twenty-third to the twenty-sixth day of October, 2017, "knowingly concealed the death of [Rose] by moving her body to the property near 1519 Lyons St. Danville, IL, with knowledge that [Rose] had died by homicidal means."

¶ 8 On December 20, 2019, a Vermilion County grand jury also charged defendant with one count of dismembering a human body and one count of concealment of a homicidal death in case No. 19-CF-733. The dismembering count alleged that, "on or about the 27th to the 29th day of October 2017," defendant knowingly "dismembered, severed, and separated body parts from the deceased body of [Rose]." The concealment count alleged that, "on or about the 27th to the 29th day of October 2017," defendant knowingly concealed Rose’s death by "placing [Rose’s] body parts in a sock and bag and placed them into a 2000 Pontiac Grand Prix, with knowledge that [Rose] had died by homicidal means."

¶ 9 On the State’s motion, the 2017 and 2019 charges were tried together. The jury trial commenced on July 19, 2021.

¶ 10 C. The Evidence at Trial

¶ 11 1. Rose Vanishes

¶ 12 We will include additional facts as necessary in the analysis section of this opinion. On October 24, 2017, defendant informed Trent and Trai that Rose had been missing for two days. Defendant said Rose went to Peru, Indiana, with a friend on Sunday, October 22, to buy a car and never returned home. On the evening of October 24, 2017, Trent reported Rose missing to the police. In the ensuing days, Rose’s family searched for her. Defendant did not participate in those searches.

¶ 13 Jennifer Veatch testified that at about 11 p.m. on Saturday, October 21, 2017, she and Rose agreed to meet the next day. According to Veatch, Rose said nothing about going to Indiana to buy a car. The next day—Sunday—Veatch began texting Rose at about noon, but Rose never responded.

¶ 14 Ebonnie Bryant testified she saw Rose on October 22, 2017, at approximately 3 a.m. when she dropped her baby off at Rose’s house for Rose to babysit while Bryant went out. Bryant testified defendant contacted her around 11 a.m. and asked her to pick up her baby. Brytney Harrier testified she went to Rose’s house at about 11:30 a.m. to pick up Bryant’s baby. According to Harrier, defendant handed her the baby through the front door without "welcoming" Harrier inside the house. Harrier testified that defendant said they had a "vicious" dog. Harrier testified she was familiar with Rose’s dog and never knew it to be vicious.

¶ 15 Rhonda Crippin testified she was defendant’s girlfriend in October 2017. Crippin testified she did not know about Rose until she learned the woman was missing. According to Crippin, defendant came to her home on the evening of Sunday, October 22, 2017. Crippin described defendant’s behavior as normal. Crippin testified defendant spent most of the following week with her. Crippin testified that on the only night defendant did not spend with her, he asked her for a lighter. Crippin testified she thought that request was odd because defendant did not smoke.

¶ 16 Defendant’s cousin, Lennie Strader, testified that on Monday, October 23, 2017, defendant wanted to borrow Strader’s truck. Strader refused to loan the truck to defendant. Alfreda Luster, defendant’s mother, testified defendant borrowed her 2000 Pontiac Grand Prix on the Saturday after Rose disappeared and returned it on Sunday. Luster testified there was "nothing unusual" in the car when defendant took it. According to Luster, she discovered a black plastic bag in the back seat of her car on Sunday after defendant returned the car. Luster testified she had a "bad feeling" as soon as she saw the bag. On cross-examination, Luster testified the bag gave her an "eerie" feeling.

¶ 17 The police first interviewed defendant on October 26, 2017. At the beginning of the video-recorded interview, defendant stated Rose went to Indiana to buy a car. Defendant explained he and Rose needed separate cars because he was "fighting" his "cases" and needed to see his attorneys. Defendant also mentioned he disagreed with how his attorneys were handling his cases. Defendant stated he last saw Rose on Sunday, October 22, 2017, at about 6 a.m. Defendant stated he passed out from low blood sugar (defendant has type 1 diabetes) on Sunday morning and then went out that afternoon. Defendant stated when he returned to Rose’s house at about 3 p.m., she was not there. Defendant described meeting with Trent and Trai on October 24, 2017, and telling them Rose was missing.

¶ 18 2. The Police and Forensic Investigations

¶ 19 Various prosecution witnesses described the police investigation following Trent’s missing person report. On October 29, 2017, a crime scene investigator found presumptive blood in Rose’s bedroom, living room, kitchen, backyard, and garage. In the bedroom, the investigator found a damp, stained area of carpet. The padding and subfloor beneath the carpet were also stained. The stained portion of the carpet appeared to have been cut and cleaned. The investigator found a starter pistol incapable of firing bullets in a closet. The investigator also found presumptive blood inside Rose’s car, as well as pieces of charred material in the trunk.

¶ 20 On November 1, 2017, the investigator processed Luster’s 2000 Pontiac Grand Prix, which was in a garage at the Danville Public Safety Building. The investigator noted a foul odor coming from the car mixed with a "detergent-type" smell, like a deodorizer. The investigator located a black plastic bag on the back seat and a sock on the back floorboard. The investigator discovered a foul-smelling comforter, more bedding, and a charred body inside the plastic bag. Inside the sock, the investigator found a human palate containing teeth. The investigator then notified the coroner. The crime laboratory confirmed the remains were Rose’s. The crime laboratory also confirmed that defendant’s fingerprint was on the plastic bag.

¶ 21 On November 8, 2017, another crime scene investigator processed a "burn area" he described as smelling of gasoline (the crime laboratory confirmed the substance was gasoline) at an abandoned house at 1519 Lyons Street in Danville (the burn site). At the burn site, the investigator found melted plastic, carpet, burned rubber, and bones.

¶ 22 After speaking with defendant’s cousin, Nick Patton, the police obtained surveillance videos showing the following. At a...