People v. Taylor

1

2024 IL App (1st) 230680-U

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. GILBERT TAYLOR, Defendant-Appellant.

No. 1-23-0680

Court of Appeals of Illinois, First District, First Division

June 10, 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. 91 CR 17056 (02) Honorable Domenica A. Stephenson, Judge, presiding.

PRESIDING JUSTICE FITZGERALD SMITH delivered the judgment of the court. Justices Pucinski and Coghlan concurred in the judgment.

ORDER

FITZGERALD SMITH PRESIDING JUSTICE

¶ 1 Held: Circuit court's second-stage dismissal of defendant's postconviction petition reversed where defendant made a substantial showing of actual innocence.

¶ 2 Defendant Gilbert Taylor appeals from the second-stage dismissal of his petition filed pursuant to the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2022)). On appeal, defendant contends that the circuit court erred in dismissing his postconviction petition where he made a substantial showing of actual innocence. We reverse and remand for third stage proceedings.

¶ 3 Defendant was charged with first-degree murder, attempted first-degree murder, and other offenses in connection with a gang-related shooting that occurred on June 22, 1991. Defendant was tried simultaneously but separately from Lavell Jackson and Tyree Anderson. A third individual, Clark Brown pled guilty prior to defendant's trial and testified on behalf of the State.

¶ 4 Following a bench trial, defendant was found guilty of the first-degree murder of Ruashee Black (720 ILCS 5/9-1(a) (West 1990)) and two counts of attempted first-degree murder of Anthony Cook and Michael Cook (720 ILCS 5/8-4(a), 9-1(a)(1) (West 1990)).^[1] The court imposed an aggregate sentence of 61 years in prison. We affirmed on direct appeal. People v. Jackson et al., Nos. 1-94-3357, 1-94-3365 and 1-94-3949 (consolidated) (1996) (unpublished order under Supreme Court Rule 23). We only recount the facts necessary to resolve the issues on appeal.

¶ 5 At trial, Kenneth Savage testified that on the day of the shooting he was at a residence near 78th and Seeley conversing with Black, "little Michael," Anthony, Travar, Rovan, Stacey, Tanisha, Diedra, Tron, and Rocky.^[2] At approximately 9 p.m., Savage saw a blue Chevy drive past on Seeley three times with three men inside. When the car passed the second time, he recognized "Clyde Brown" sitting on the passenger side. "Marcus and Scottie" came on the porch, Savage told them to leave, and they "walked off." Savage then heard 15 to 20 gunshots from two firearms from the gangway next to the house. Savage "jumped up" and attempted to run but was shot in the forearm. He continued to run toward his home when Anthony "came running out of nowhere holding his head." Anthony was "skinned in the head."

¶ 6 On cross-examination, Savage stated that he did not know defendant personally. Savage would see defendant around the neighborhood but not "on Seeley."

¶ 7 Michael testified that he was on 78th and Seeley sitting on a porch with Savage, Tron, Rovan, Diedra, Tanisha, and Black. At approximately 9 p.m., Michael heard gunshots coming from the side of the residence. He attempted to run inside, but he was shot in both of his legs. After the shooting, Michael noticed Black was shot and was laying on the steps.

¶ 8 Angela Jackson, Black's mother, testified that on the night of the shooting, she received a phone call from her sister that Black had been shot. When she arrived at the hospital, she was directed to see the chaplain.

¶ 9 Cassandra Robinson testified that on the day of the shooting, she was at her mother's residence on 78th and Seeley. At approximately 9 p.m., she heard "[a] series of gunshots." She looked out of the window that faced Seeley and saw two individuals carrying firearms and walking on "[her] mother's gangway to go through the alley." She stated that she could not identify them in court because the incident occurred three years ago. The individuals were two or three feet from the window, and she saw their faces. She then looked out of the rear kitchen window, which faced the backyard, and saw the two individuals running to the alley. Robinson then went to the porch and found Black "in a puddle of blood laying on the front porch." The following day, she identified two individuals in a line-up as the individuals she saw walking through the gangway. She then identified People's Exhibit 9, a photograph of Brown, and People's Exhibit 10, a photograph of Anderson, as the two individuals she saw walking through the gangway.

¶ 10 Marcus Reese testified that he was a member of the Vice Lords gang in June 1991. On the day of the shooting, he was on 78th Street and Winchester Avenue with Marquise Haynes, Scotty Cartledge, and Antonio Bean.^[3] They were approached by "Buster," Brown, Jackson (whom Reese identified in court), and defendant (whom Reese also identified in court).^[4] Brown, Jackson, and defendant were members of the Gangster Disciples gang. Brown and Buster argued with Bean, and then Brown, defendant, and Buster all stated," '[y]eah, that's okay, we'll be back, we'll be back.'" Reese did not observe any weapons.

¶ 11 Later that day, Brown, Jackson, and defendant approached Reese on bicycles. Brown asked where Haynes was, and Reese replied that he did not know. Brown, Jackson, and defendant displayed firearms and left. At approximately 9 p.m., Reese was on 78th and Seeley Avenue with Scotty and other individuals, including Black, Anthony, and Savage. He and Scotty left for Church's Chicken, returned, and then left again.

¶ 12 On cross-examination, Reese testified that he saw defendant in the neighborhood frequently, and they did not have any "beefs." When he initially saw defendant, Brown, and Jackson, they were walking. The second time he saw them, it was beginning to get dark. Defendant's weapon was in his pants, and Reese could see the imprint of the weapon. Reese observed defendant "like grasping for it," but did not actually see a firearm. The morning after the shooting, Reese told police officers that when defendant approached him on a bicycle, defendant had a weapon. Reese answered in the affirmative when asked if he identified defendant in a lineup as "one of the people that was involved in the shooting that night."

¶ 13 Leonard Cartledge testified that defendant (whom he identified in court), Brown, and Jackson (whom he also identified in court) were members of a street gang, but he did not know which gang. At approximately 9:10 p.m. on the day of the shooting, Leonard was at Church's Chicken on 79th and Damen when he heard gunshots. He and Jonathan Robinson exited Church's Chicken facing Seeley and saw Brown and Jackson running from Seeley to Damen holding handguns. Brown and Jackson ran to a blue Chevy on 78th and Damen, entered the vehicle, and it drove off. Another individual was already inside the vehicle, but Leonard could not identify that person. Leonard never saw Anderson drive the Chevy.

¶ 14 Chicago police officer Romas Arbataitis testified that he conducted a line-up regarding the shooting of Black, Anthony, Michael, and Savage that was viewed by Robinson. Robinson identified Anderson and Brown.^[5] On cross-examination, Arbataitis confirmed that defendant was also in the line-up.^[6]

¶ 15 Brown testified that he pled guilty to "murder and attempt" related to the shooting. He, Anderson, Jackson, and defendant were members of the Gangster Disciples gang. He did not know defendant to have any position in the gang. Brown admitted that, after his arrest, he was questioned regarding the shooting but denied making a statement to an assistant state's attorney (ASA). Brown testified that he was alone when he went to 78th and Seeley. Defendant was not with him during the shooting and did not possess a firearm. Brown told an ASA that he went alone and shot the individuals.

¶ 16 On cross-examination, Brown testified that defendant did not have a position in the gang. He initially testified that he did not see defendant on the day of the shooting, but clarified that he saw defendant later that day at defendant's residence. Defendant was not with Brown when Brown shot at the individuals.

¶ 17 ASA Nick Arvanitis testified that on June 23, 1991, Brown gave a statement regarding the shooting. Arvanitis summarized Brown's statement in writing and allowed Brown to make corrections or changes. Then Brown, Brown's mother, a detective, a youth officer, and Arvanitis signed the statement. Brown did not tell Arvanitis that he was the sole shooter. Brown's statement was admitted into evidence.

¶ 18 Brown's statement is included in the record on appeal, and we have reviewed it. In the statement, Brown reports that defendant, Brown, Anderson, Jackson, and Eddie Macon were members of the Gangster Disciples gang. Defendant was the enforcer and responsible for reporting to the gang coordinator any individuals who bothered the gang. Defendant was to "set up any shooting" needed to "get back at people." The Gangster Disciples and Vice Lords were "at war." Brown and Jackson observed Scottie, a Vice Lord, near 77th Street and Winchester. Brown displayed a firearm, and Brown and Jackson told Scottie that they "were going to come back and get him." Brown and Jackson then told the coordinator that they saw Scottie, and the coordinator instructed them to "wait until it got dark to get him."

¶ 19 Brown continues that, later that evening, "they" saw Anderson, who asked if "they" were "ready to go get some Vice Lords." Brown, defendant, Macon, and Jackson entered Anderson's vehicle and drove to 78th and...