People v. Gilliam
Case Date: 12/31/1969
Court: Supreme Court
Docket No: 77771
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Docket No. 77771--Agenda 3--March 1996. THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. OASBY GILLIAM, Appellant. Opinion filed May 23, 1996. JUSTICE FREEMAN delivered the opinion of the court: Following a jury trial in the circuit court of Jefferson County, defendant, Oasby Gilliam, was convicted of first degree murder, aggravated kidnapping, and robbery. 720 ILCS 5/9--1(a)(1), 10--2(a)(3), 18--1(a) (West 1992). At a separate sentencing hearing, the same jury found defendant eligible for the death penalty and further determined that there were no mitigating circumstances sufficient to preclude imposition of that sentence. The trial court sentenced defendant to death on the murder conviction and to concurrent, extended 30-year prison terms on the aggravated kidnapping and robbery convictions. The death sentence has been stayed pending direct review by this court. Ill. Const. 1970, art. VI, 4(b); 134 Ill. 2d Rs. 603, 609(a). We affirm defendant's convictions and sentences. BACKGROUND Defendant was charged in a seven-count information with four counts of first degree murder based on intent, recklessness, and the predicate felonies of robbery and aggravated kidnapping; one count of aggravated kidnapping; and two counts of robbery alleging the taking of an automobile and a wristwatch. Defendant was tried on all counts. The State's evidence at trial was essentially as follows. On June 19, 1992, at approximately 2:15 p.m., bartender Russell Turner was alone at work at Sovereign Liquors, at 6202 N. Broadway in Chicago. Defendant entered the tavern and asked to use the restroom. Before he left, defendant put down a plastic grocery bag and ordered a beer. The bag contained a paper bag that held two bricks. When he returned, defendant changed his order. As Turner leaned over to fill a glass with ice, defendant struck Turner over the head with the bag, and a vicious struggle ensued. Defendant repeatedly pounded and stamped on Turner and struck him with a brick and a liquor bottle. Turner eventually maneuvered himself such that he struggled to pull defendant out the tavern door, while defendant pulled Turner to keep him inside. Because Turner was covered in his own blood, defendant slipped out of Turner's hands and Turner went out the door. Once Turner was outside, defendant immediately ran out of the tavern. Defendant ran south on Broadway and then west on nearby Granville Avenue. The victim in this case, Aileen D'Elia, lived on the first floor of a two-flat building at 6223 N. Lakewood Avenue. The victim was 79 years old, 5 feet 2 inches tall, and wore dentures. She wore a Medic Alert bracelet, wedding and engagement rings, a ring containing an aquamarine stone, earrings, a wristwatch, and a silver bracelet. Also, the victim owned a brown 1986 Chevrolet Caprice. The car was in good condition because the victim kept it in the garage behind her home. On June 19, 1992, between 2:20 and 2:40 p.m., the victim returned home, driving her car onto a cement slab next to her garage. At approximately 4:30 p.m., the victim's granddaughter, who lived on the second floor of the building, noticed that the victim's apartment door was ajar and her car was missing. On July 1, the victim's corpse was found in a field near Illinois Route 15, approximately 2 |