People v. Williams

1

2024 IL App (4th) 230229-U

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DANGELO A. WILLIAMS, Defendant-Appellant.

No. 4-23-0229

Court of Appeals of Illinois, Fourth District

April 18, 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 Livingston County No. 22CF181 Honorable Jennifer H. Bauknecht, Judge Presiding.

JUSTICE ZENOFF delivered the judgment of the court. Justice Knecht concurred in the judgment. Justice Doherty specially concurred.

ORDER

ZENOFF JUSTICE

¶ 1 Held: The appellate court affirmed defendant's conviction of unlawful possession of between 100 and 400 grams of a substance containing methamphetamine with intent to deliver, as the prosecutor's closing argument was proper. The appellate court vacated defendant's sentence and remanded for a new sentencing hearing because the trial court improperly considered an aggravating factor that is inherent in the offense.

¶ 2 A Livingston County jury found defendant guilty under an accountability theory of unlawful possession of between 100 and 400 grams of a substance containing methamphetamine with intent to deliver (720 ILCS 646/55(a)(1) (West 2022)). The trial court sentenced defendant to 18 years in prison. Defendant appeals, arguing that the prosecutor made improper remarks during closing argument and the court considered improper sentencing factors. We affirm defendant's conviction but vacate the sentence and remand for a new sentencing hearing.

¶ 3 I. BACKGROUND

¶ 4 We will include additional facts in the analysis section as necessary to address the specific issues defendant raises on appeal.

¶ 5 On August 18, 2022, the State charged defendant by information with unlawful possession of between 100 and 400 grams of a substance containing methamphetamine with intent to deliver. The State also charged defendant with the lesser-included offense of simple possession (720 ILCS 646/60(a) (West 2022)).

¶ 6 A. The Trial Evidence

¶ 7 The matter proceeded to a jury trial. Sergeant Jason Clift of the Streator Police Department testified as follows. He was a member of the Trident Drug Task Force, which operated in multiple counties. In August 2022, Clift communicated by text message with a person he presumed was Jerome Alexander to purchase nine ounces of methamphetamine for $3375. The transaction was to occur in a Dollar General store parking lot in Streator, Illinois. The plan was for Clift to purchase the drugs and then for other police officers in nearby unmarked vehicles to make arrests immediately.

¶ 8 Clift testified that a car pulled up next to his at the Dollar General, and he received a text message to get in that car. He tried to get in the front passenger seat, but the door was locked. Clift saw that the driver of the car was Alexander, and a person Clift identified in court as defendant was in the front passenger seat. Somebody cracked the widow and told Clift to get in the back seat of the car which he did. Clift initially interacted solely with Alexander with respect to the drug transaction. However according to Clift, it did not seem defendant "was at all surprised" about the transaction. For example defendant did not ask who Clift was or what he wanted. Defendant did not seem surprised Clift had a lot of money with him.

¶ 9 According to Clift, Alexander tried to hand him marijuana and wanted him to smoke it. Clift responded that he did not smoke marijuana. Alexander asked Clift whether he did methamphetamine, and Clift said he sometimes did. Alexander asked Clift whether he smoked or snorted it. Clift replied that he usually smoked it, but he snorted once in a while. Alexander then tried to get Clift to snort the methamphetamine. Defendant likewise said Clift should "hit the methamphetamine." Deflecting these requests, Clift responded he was trying to weigh the methamphetamine with a scale on his lap that he brought with him. Defendant again told Clift to "hit" the methamphetamine. Clift said, "here, just count the money; I've got the money." Defendant said, "we know you got the money." As Clift was trying to weigh the methamphetamine, he handed money to Alexander. Clift asked whether he could purchase the same amount of methamphetamine next week, and Alexander said "yes."

¶ 10 Clift testified that he then exited Alexander's car which was a signal for other police officers to make arrests. As officers approached the car yelling, "police, step out of the vehicle," Alexander reversed into another vehicle multiple times, jumped a curb, drove through a fence, and drove away. Police officers later located Alexander's abandoned car. At least half an hour after the drug transaction, and three to four miles away from the Dollar General, Clift found defendant. According to Clift, defendant had been running, had one shoe on, and was a little wet from having crossed the Vermilion River. Clift then arrested defendant without further incident. Police officers never located Alexander.

¶ 11 On cross-examination, Clift testified that when he entered Alexander's car, the methamphetamine was already in the back seat. Clift did not see defendant touch the methamphetamine, and defendant did not have any marked currency on him when he was arrested. Prior to the transaction, Clift was not aware that defendant was going to be present.

¶ 12 By stipulation, the trial court admitted a laboratory report indicating that a scientist tested 171.6 grams of the substance Clift purchased, which was determined to contain methamphetamine. The scientist did not test the other 88.6 grams of the substance Clift purchased.

¶ 13 Inspector Samer Assaf of the Livingston County Sheriff's Office also testified for the State. He was one of the officers who was supposed to make arrests on Clift's signal. Assaf corroborated Clift's testimony about Alexander driving away from the Dollar General.

¶ 14 Assaf interviewed defendant a couple of days after his arrest. An approximately 20- minute recording including portions of this interview was admitted into evidence and played for the jury. This court has reviewed the video. Although the sound quality is subpar, we discerned the following. Defendant said Alexander suggested driving with him to Indiana, and they stopped at a Dollar General. Defendant said he knew it was a "setup" when he saw the "white dude," which is why he tried to get that man to "hit the weed" and told Alexander to "count the money." Defendant knew the man was a police officer because his shoes were too clean. When Assaf asked defendant where Alexander kept the "ice" (which Assaf testified was slang for methamphetamine), defendant responded, "on his side pocket." Assaf asked defendant whether Alexander "push[ed] a lot" and tried to "push anything he can." Seemingly responding in the affirmative, defendant told Assaf that the "ice" was why Alexander no longer worked. Defendant said that he personally did not "deal with" ice.

¶ 15 Assaf and defendant later had the following exchange, which we will transcribe as closely as we can:

"[ASSAF:] Now uh, before-before you guys, uh, came over here, I know you guys stopped by the Taft house, you know, out there in Peoria.

[DEFENDANT:] Yeah. Ok, ok, ok. Yeah, 'cuz he [(presumably Alexander)] probably texted you and told you that s***.

[ASSAF:] That, that's where he picked up the ice, right?

[DEFENDANT:] Ooooh. [ASSAF:] I aint gonna lie.

[DEFENDANT:] I'm glad you smart.

[ASSAF:] I, I know.

[DEFENDANT:] I'm glad you smart.

[ASSAF:] I was gonna say man, you know.

[DEFENDANT:] [Indistinguishable.] He grabbed more. [Indistinguishable], listen.

[ASSAF:] Ok.

[DEFENDANT:] When I was sitting in my room I was sitting there thinkin' like, d***, if they were so smart, we could hit a double bump. 'Cuz 9 times out of 10, bro, he gone already, he back in the P."

Defendant then told Assaf about two places Alexander might be now, one of which was a "dope spot" at an apartment on Washington Street at the Taft house, where Alexander held drugs. Later in the interview, defendant said he did not see the "ice" in Alexander's car, as it was in "weed bags." Defendant reiterated he knew it was a police "setup." Defendant seemingly acknowledged directing Alexander where to drive after Alexander left the Dollar General parking lot and fled the police.

¶ 16 On direct examination, the prosecutor asked Assaf about his discussion with defendant about the "Taft houses." Assaf explained that a narcotics unit from Peoria had been "tailing that vehicle prior to them coming to us to conduct that drug deal." Assaf was "in communication with the Peoria drug unit" "when this vehicle was moving." According to Assaf, the "Taft Homes" was a housing project in Peoria. Assaf testified that although he was not "there for it," he had guessed the methamphetamine "came from that area."

¶ 17 On cross-examination, Assaf acknowledged that during the interview, defendant (1) never admitted he sold methamphetamine, (2) said he "doesn't really mess with ice," and (3) claimed he did not know that Alexander "had ice until the deal was happening." However, Assaf added that defendant "also knew where the ice was prior to the deal," but defendant "indicated he didn't know that that was ice because it was in weed bags."

¶ 18 On redirect examination, Assaf testified that defendant confirmed during the interview that the methamphetamine "came from the Taft housing project." According to Assaf, defendant "knew exactly where" Alexander had placed the methamphetamine on the drive to the deal-i.e., in "the side pocket."

¶ 19 Detective Tyler Rafferty of the Fairbury Police Department also testified for the State. He identified...