People v. Stoner

1

2024 IL App (2d) 230469-U

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MICHAEL E. STONER, Defendant-Appellant.

No. 2-23-0469

Court of Appeals of Illinois, Second District

August 6, 2024

This order was filed under Supreme Court Rule 23(b) and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).

Appeal from the Circuit Court of Lake County. No. 20-CF-1007 Honorable D. Christopher Lombardo, Judge, Presiding.

PRESIDING JUSTICE McLAREN delivered the judgment of the court. Justices Schostok and Mullen concurred in the judgment.

ORDER

McLAREN, PRESIDING JUSTICE.

¶ 1 Held: Despite defendant's various challenges to the victim's credibility, the trial court was within its prerogative as fact finder in rejecting some of the victim's testimony while accepting enough to support a conviction of two counts of domestic battery, especially given the evidence corroborating that portion of her testimony.

¶ 2 Following a bench trial in the circuit court of Lake County, defendant, Michael E. Stoner, was found guilty of two counts of domestic battery. On appeal, defendant argues that the testimony of the complaining witness was not credible and, therefore, the State failed to prove his guilt beyond a reasonable doubt. We affirm.

¶ 3 I. BACKGROUND

¶ 4 Defendant, a former Gurnee police officer, was indicted on two counts of aggravated domestic battery (720 ILCS 5/12-3.3(a), (a-5) (West 2018)) (counts I and II), a single count of aggravated battery (id. § 12-3.05(a)(1)) (count III), and two counts of domestic battery (id. § 12-3.2(a)(1), (a)(2)) (counts IV and V). Count I alleged that, on April 3, 2018, defendant pushed Lea Colon, causing great bodily harm. Count II alleged that, on November 2, 2019, defendant blocked Colon's nose or mouth with the intent of impeding her normal breathing. Count III alleged that, on April 3, 2018, defendant pushed Colon, causing great bodily harm. Count IV alleged that, on November 2, 2019, defendant struck Colon, causing bodily harm. Count V alleged that, on November 2, 2019, defendant made contact of an insulting or provoking nature by striking Colon. The aggravated domestic battery charges (counts I and II) and simple domestic battery charges (counts IV and V) alleged that Colon was a family or household member of defendant.

¶ 5 Before trial, the trial court granted the State's motion to introduce defendant's prior uncharged physical abuse of Colon on July 26, August 26, and September 26, 2017. The court also ruled that defendant was permitted to cross-examine Colon on whether she falsely told defendant that she was pregnant and whether, for a time, she engaged in a charade of being pregnant.

¶ 6 At trial, Colon testified that defendant was her former boyfriend. They met in 2016 and dated for about four years. About eight months after Colon and defendant started dating she and her son Tyler moved in with defendant at his home in Winthrop Harbor. Also living with them was Siena defendant's daughter with his ex-wife Alicia. Between 2018 and 2019, Colon worked for the Glenview police department while training at a law enforcement academy to be an officer. ¶ 7 Colon testified that, in the morning or afternoon of April 3, 2018, she and defendant were home conversing about parenting issues. No one else was home. The conversation became heated, and defendant started to yell, curse, and scream in Colon's face. He grabbed both of her wrists and dragged her to the staircase. He then swung her, trying to throw her down the stairs. Colon fell two or three steps, twisted her left knee, and heard a "pop" from her left knee. She immediately felt extreme pain in that knee and began screaming. Colon identified a text message from defendant stating, "I want you to know if you go to a [doctor], I will pay anything that the insurance will not cover[.] I'm sorry[.]" Colon received the message on the day of the accident or the next day.

¶ 8 The State introduced photographs Colon testified she took on or about April 3, 2018. Three of the photographs were of her legs. Colon took those photographs to show redness and swelling of her left knee, the size difference between her knees, and an abrasion on her right knee. The fourth photograph was of a packaged knee brace in what appeared to be a store display. Colon testified that she purchased the knee brace, but defendant sent her the photograph of it.

¶ 9 Colon sought treatment for her knee at the Illinois Bone and Joint Institute (IBJI) on April 18, 2018. She explained that she delayed seeking treatment because defendant was concerned about repercussions if it was discovered that he had injured her. Colon told one of the doctors at the IBJI that she injured her knee on April 3, 2018, while playing basketball. Before the appointment, defendant told Colon what to tell the doctor. When Colon spoke with the doctor, defendant was in the room, wearing his police uniform.

¶ 10 Colon testified that, on November 2, 2019, her relationship with defendant had been deteriorating and they had been talking about separating. That day, they were in their bedroom, discussing how to divide their property. Tyler and Siena were also home. During the conversation, defendant became angry. He yelled and cursed at Colon, who was sitting on the bed, and said he was going to suffocate her. He pushed her back on the bed, got on top of her, and covered her nose and mouth with his hands. Colon could not breathe for at least 30 seconds. When defendant got off her, she tried to stand. Defendant told her he would not let her leave until he finished with her. He then shoved her back down on the bed and repeatedly pressed her face into the bed, causing pain. When she tried to get up again, he shoved her against a wall, closed the bedroom door, and slapped her face with his open hand. That same day, after the incident, Colon photographed her arm and face. She intended to document (1) red marks on her inner arm that she sustained when defendant shoved her against the wall and (2) red marks and swelling on her face. The photographs were admitted into evidence.

¶ 11 Colon also testified about several uncharged incidents. On July 26, 2017, she and defendant were home and had an argument that became physical. Tyler was also home at the time. According to Colon, defendant pushed her down, dragged her, held her down, and squeezed and slammed her arms against the floor. When she got up and started walking down the stairs, he pushed her. She fell half the flight, injuring her knee and sustaining a "butt bruise." The State introduced photographs that she had taken that day. She identified injuries to her wrist, knuckles, arm, knee, and thigh.

¶ 12 On August 26, 2017, Colon and defendant were home, arguing over discipline for Tyler. The argument became physical. Defendant pushed her down and got on top of her. He dragged her around the living room by "[b]oth [her] hands and [her] legs at different points." He also kicked the back of her legs several times and attempted to choke her. She photographed herself that day or the day after. In the photographs, which the State introduced, she identified injuries to several parts of her body. Because she was "threatened," Colon did not report the incident or seek medical treatment for her injuries.

¶ 13 On September 26, 2017, defendant and Colon argued about how defendant and his former wife, Alicia, coparented Siena. Defendant got upset when Colon took Alicia's side. The argument became physical, and defendant pushed Colon's arms up against the wall. He squeezed her arms as he held them. When she tried to free herself, defendant slammed her against another wall. She suffered injuries to her arm and wrist. The next day, she photographed the injuries. The State introduced the photographs.

¶ 14 Colon recalled an occasion in 2019 when, because of some dispute with defendant, she was late for class at the law enforcement academy. She testified that defendant instructed her to falsely advise the academy that she was late because her child was ill. She did as he instructed.

¶ 15 Colon testified that her relationship with defendant ended in 2020. In November 2019, when they were in the process of separating, she told defendant that she was pregnant. She also sent him a sonogram and "a text that showed [her] taking an at-home pregnancy test." For about two months, Colon sincerely believed that she was pregnant. After learning that she was not pregnant, she lied and continued to tell defendant that she was pregnant. She explained that she lied because she believed she needed defendant in her life and she hoped he would stay if he believed she was pregnant.

¶ 16 Colon testified that, in March 2020, she reported to Winthrop Harbor detective Chris Willets that defendant had physically abused her. She produced several written statements for Willets.

¶ 17 On cross-examination, Colon testified that she did not recall speaking with her best friend about any of the incidents involving defendant except the incident in November 2019. Colon acknowledged that the floors in the house she shared with defendant were carpeted. She further acknowledged that, although she testified that defendant dragged her across the floor on April 3, 2018, the photographs she took of herself shortly after the incident do not show rug burns. She testified that the November 2, 2019, incident occurred after 7 p.m. However, she acknowledged telling Willets that the incident occurred at 3 p.m. The August 26, 2017, incident also occurred at night, but Colon told Willets it occurred about 12:30 p.m.

¶ 18 Colon admitted that, after lab results showed that she was not pregnant, she altered the results to indicate that she was pregnant and sent them to defenda...