People v. Woods

2020 IL App (1st) 163031

158 N.E.3d 304

441 Ill.Dec. 899

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

v.Roscoe WOODS, Defendant-Appellant.

No. 1-16-3031

Appellate Court of Illinois, First District, Sixth Division.

July 31, 2020

James E. Chadd, Thomas A. Lilien, and Elena B. Penick, of State Appellate Defender's Office, of Elgin, for appellant.

Kimberly M. Foxx, State's Attorney, of Chicago (Alan J. Spellberg and Annette Collins, Assistant State's Attorneys, of counsel), for the People.

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

¶ 1 Defendant, Roscoe Woods, appeals the order of the circuit court denying him leave to file a successive postconviction petition. On appeal, defendant contends that this court should remand for second-stage proceedings, where (1) an attached affidavit sufficiently supported his claim of actual innocence by stating that the affiant pointed a gun at defendant causing defendant to discharge his firearm in self-defense and (2) the mandatory 25-year firearm enhancement resulted in a sentence that violated the proportionate penalties clause of the Illinois Constitution. For the following reasons, we affirm the court's denial as to defendant's proportionate penalties claim. However, we reverse the denial as to defendant's actual innocence claim and remand for second-stage proceedings.

¶ 2 I. JURISDICTION

¶ 3 Defendant prematurely filed his notice of appeal on October 4, 2016. On July 26, 2018, the supreme court entered a supervisory order allowing defendant to file a late notice of appeal. Accordingly, this court has jurisdiction pursuant to article VI, section 6, of the Illinois Constitution ( Ill. Const. 1970, art. VI, § 6 ) and Illinois Supreme Court Rule 651(a) (eff. July 1, 2017), governing appeals in postconviction proceedings.

¶ 4 II. BACKGROUND

¶ 5 On December 11, 2006, Chicago police officer Lee Trevino was shot and injured on Division Street in Chicago, Illinois, after responding to a disturbance at nearby Clemente High School. On the first day of defendant's trial, the State filed a motion in limine seeking to introduce evidence that on the day of the shooting, at approximately 8 a.m., defendant approached Terrell Durham in the same general area of the incident. Durham would testify that defendant had a silver-colored pistol in his waistband and said, "What you be about Cobra." Durham responded that he was not a Cobra but a member of a different gang. Defendant then walked away saying he did not have a problem with Durham. The State argued that this other-crimes evidence was relevant to establish defendant's intent and motive in firing the gun, as well as his state of mind. The State also argued that this evidence was relevant to negate the defenses of an innocent frame of mind, mistake, necessity, and self-defense.

¶ 6 Defense counsel argued that the incident was prejudicial and not relevant. Specifically, counsel stressed that the shooting was a separate incident that occurred at a different time of day and the evidence was prejudicial because the jury could infer that defendant was predisposed to violence on the day of the shooting. In ruling on the motion, the trial court barred the evidence as inadmissible in the State's case-in-chief. The court, however, pointed out that defendant had raised the affirmative defenses of self-defense and necessity. The trial court cautioned that the other-crimes evidence may be admissible in rebuttal if defendant opened the door "depending on what the defense offers or brings out on his examination of the witnesses.

¶ 7 At trial, Officer Michael Komo testified that, at about 2:30 p.m. on the day of the shooting, he was assigned to a disturbance at the Division Street and Western Avenue bus stop near Clemente High School. He testified that he and Officer Lee Trevino were in uniform and drove a marked police car to the area near the bus stop. He stated that the Spanish Cobras and the Maniac Latin Disciples were the primary gangs operating in the area. The two gangs "don't get along," and he saw Spanish Cobra gang signs being "thrown up." Officer Komo observed six kids fighting and then running westbound on Division Street past the marked police car. The kids continued fighting, shoving each other, "throwing up gang signs," and shouting gang words at each other. There were about 30 other people on the street at the time.

¶ 8 The officers approached, and when he was 15 to 20 feet from the fight, Officer Komo identified himself as a Chicago police officer and shouted "get out of here, break it up" while waving his baton. He identified defendant as one of the kids fighting and testified that defendant was wearing a thigh-length coat with fur around the collar. When he shouted for the crowd to disperse, the kids involved in the fight looked at him and started to run. Defendant was running away from him on Division Street. As defendant passed Campbell Avenue, he turned around, reached in his waistband, and produced a gun. Facing Officer Komo, defendant fired five or six shots in the officers' direction. Officer Trevino, who was hit in the arm, shouted "I'm hit." Both officers took cover behind a parked car. After the shooting, Officer Komo observed spent cartridges on the ground where defendant had fired his gun.

¶ 9 Danate Barnes testified that he was in the area when the fight occurred. He stated that defendant, whom he knew as "Nu-Nu," was a member of the Maniac Latin Disciples gang. Barnes did not know defendant's real name. He testified that defendant and another Maniac Latin Disciples gang member, "Buckaroo," walked past members of the Spanish Cobras gang and they began verbally insulting each other. Defendant and Buckaroo walked away from the Spanish Cobras, but the Spanish Cobras followed them. At some point, the altercation turned physical, and Barnes ran away because he heard gunshots.

¶ 10 Kenyon Taylor testified that, on the day of the incident, he was at his girlfriend's house approximately four blocks from Clemente High School. Taylor knew defendant because he was friends with defendant's cousin. He testified that both defendant and defendant's cousin were members of the Maniac Latin Disciples gang. On the day of the incident, defendant came to the house and rang the doorbell. Defendant was wearing a black coat with fur on it, and he looked "rough," "scared," and "nervous." Defendant told Taylor that he was "in a jam" and he might have shot a police officer. He asked Taylor to stash a black handgun for him, but Taylor refused.

¶ 11 The State also called Torrey Davis, who had previously given a written statement to the police and had testified before a grand jury. At trial, Davis identified defendant, whom he knew as both Roscoe Woods and "Nu-Nu." He testified that he did not know if defendant was a member of the Maniac Latin Disciples gang. On the day of the incident, Davis saw a Hispanic man fighting with an African-American man, and they were the only two people fighting in the street. He testified he also saw a Hispanic man with a silver gun in the alley. The man with the silver gun had a mask over his face. Davis denied seeing defendant fighting, running, or shooting.

¶ 12 Assistant State's Attorney (ASA) Susan Jakubiak read into evidence Torrey Davis's written statement, which he had provided a few days after the shooting. Davis was 14 years old at the time of the incident, and although he socialized with the Maniac Latin Disciples gang, he was not actually in the gang. Davis knew defendant as "Nu-Nu" and knew that he was a member of the Maniac Latin Disciples gang. Davis stated that at the time of the incident, he saw defendant with "Buckaroo, G-Money, and Little Feasy." Davis was walking with the group when a Spanish Cobra gang member came up to them and asked if they were Maniac Latin Disciples. The Spanish Cobra then took off his shirt and curled his index finger to appear as though he was pulling the trigger of a gun. Davis did not actually see a gun, but he believed that the Spanish Cobra was signaling for someone to bring him a gun. Six other Spanish Cobras joined the original Spanish Cobra, and Davis, along with defendant, Buckaroo, G-Money, and Little Feasy, began to run. More Spanish Cobras appeared, and defendant pulled a black gun out of his waistband. When defendant held the gun like he was going to shoot, Davis told him not to shoot because there was a little girl present. Defendant put the gun in his pocket. The group ran about four more steps when Buckaroo said to defendant, "Why are you running, don't you got the banger?" Defendant then pulled the gun out of his pocket, stopped, and turned around. Davis heard five or six shots coming from defendant's direction. ASA Jakubiak testified that, at the time he gave his statement, Davis never told her about a Hispanic gentleman on the street with a silver handgun. ASA Sabra Ebersole testified regarding Davis's testimony before the grand jury, which was substantially similar to the written statement he provided to ASA Jakubiak. ASA Ebersole testified that Davis never told her about a Hispanic man with a silver gun.

¶ 13 Officer Trevino testified as the State's final witness. His testimony was substantially similar to Officer Komo's regarding their drive to the scene of the fight, the number of people fighting, and the location of the fight. He testified that, during the incident, his attention was focused on a Hispanic man who had his shirt off and was flashing gang signs. He then heard five or six shots fired in front of him in quick succession. He did not see who fired the shots. After he was hit by one of the shots, he and Officer Komo retreated for cover behind a parked car.

¶ 14 Defendant, who was 17 years old at the time of the incident, testified on his own behalf. He stated that, at approximately 2:30 p.m. on the day of the incident, he got off the bus at the intersection of Division Street and Western Avenue to go to his grandmother's house,...