 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Hood11/3/2003
PUBLISHED
In December 2000, the State charged defendant, Frederick E. Hood, with reckless homicide, aggravated driving under the influence of alcohol, illegal transportation of alcohol, and failure to yield to a pedestrian in the crosswalk, all in connection with a motor vehicle accident that resulted in a pedestrian's death. In May 2002, a jury found defendant guilty on all four counts. In June 2002, defendant filed a posttrial motion, which the trial court denied. In January 2003, the trial court sentenced defendant to three years in prison on the reckless homicide count.
On appeal, defendant argues (1) the trial court erred in allowing certain expert and rebuttal testimony, (2) he was denied a fair trial because of the prosecutor's alleged improper statements during closing arguments, and (3) the State failed to present evidence to sustain defendant's convictions for failure to yield to a pedestrian in a crosswalk and illegal transportation of alcohol. We affirm in part, reverse in part, and remand for a new trial.
I. BACKGROUND
On December 1, 2000, the State charged defendant by information with the offense of aggravated driving under the influence of alcohol (625 ILCS 5/11-501(d)(1)(C) (West 2000)), alleging that on November 28, 2000, he drove a 1986 Dodge Ram while under the influence of alcohol and was involved in a motor vehicle accident resulting in great bodily harm, permanent disability, or disfigurement to another and the proximate cause of those injuries.
On December 27, 2000, the State charged defendant by information with the offense of reckless homicide (720 ILCS 5/9-3(a) (West 2000)), alleging he, while under the influence of alcohol to a degree that rendered him incapable of safely driving and while acting in a reckless manner, performed acts likely to cause death or great bodily harm to an individual, in that he operated his vehicle, and after disobeying a stop sign, he struck a pedestrian in the crosswalk, causing the death of Marie L. Schwab. The State also charged defendant with the traffic offenses of illegal transportation of alcohol (625 ILCS 5/ 11-502(a) (West 2002)) and failure to yield to a pedestrian in the crosswalk (625 ILCS 5/11-1002(a) (West 2002)). Defendant pleaded not guilty and requested a jury trial.
In May 2002, defendant's jury trial commenced. David Smith testified he was driving with his girlfriend to pick up his son from school on November 28, 2000. He testified the inter-section of Main and Poplar in Mount Olive is a four-way stop. As he was stopped at the stop sign, he noticed a brown full-size van approaching the intersection "at a pretty good rate of speed." After the van's driver "made the corner," Smith saw a woman "about halfway through the crosswalk." She held her left hand up as to motion to the van's driver to stop, but the van struck the woman as she was "in the crosswalk." Smith observed the woman "go through the air and land on the pavement," and he proceeded to a nearby police station to summon help. On his way, he noticed the van's driver, identified as defendant, step out of the van "and kind of stumble and lean against the door."
Tricia Marietta, Smith's girlfriend at the time of the incident, testified the weather was overcast on November 28, 2000. She stated Smith had stopped at the intersection when she saw a vehicle that was not "slowing down" and hit the woman who was walking.
Ryan Gorman, a deputy with the Macoupin County sheriff's department, testified he responded to the scene of the accident on November 28, 2000. Gorman observed defendant leaning up against the side of his van holding a child. Upon conversing with defendant, Gorman noticed h
Page 1 2 3 4 5 6 7 8 9 10 Illinois DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|