People v. Gardner
2021 IL App (5th) 190421-U
| Ill. App. Ct. | 2021Background
- Kevin D. Gardner was charged with first-degree murder for shooting Robert Gilmore after both left the Madison Meat Market on November 13, 2017; Gilmore died of a gunshot to the head and a .40-caliber gun was recovered in the car.
- Surveillance showed Gardner at the market with companions, leaving and then returning to the neighborhood shortly before Gilmore’s car slid into a vacant lot where he was found dead; witnesses (Mason, Harris) testified Gardner left the scene and later said others "ain’t heard nothing."
- Gardner testified that he shot because he saw Gilmore holding what looked like a gun and believed his life was in danger; he also invoked prior incidents (a June 4 shooting in which he was shot and an earlier gas-station confrontation) to support a self-defense theory.
- The jury convicted Gardner of first-degree murder and found he personally discharged the firearm; the court imposed consecutive 40-year sentences (murder + firearm enhancement) for an 80-year aggregate term.
- Gardner filed a pro se posttrial ineffective-assistance motion; the trial court conducted a preliminary Krankel inquiry, denied relief and counsel’s withdrawal, and later denied a new-trial motion. Gardner appealed, raising (inter alia) imperfect self-defense, Krankel adequacy, possible counsel neglect, excessiveness of sentence, and one-act/one-crime duplication.
Issues
| Issue | People’s Argument | Gardner’s Argument | Held |
|---|---|---|---|
| Whether verdict should be reduced to second-degree murder based on imperfect self-defense | Evidence did not establish the mitigating factor; jury reasonably rejected self-defense | Gardner believed (subjectively) he was defending himself though that belief was objectively unreasonable | Affirmed: jury could find no mitigating factor; first-degree murder stands |
| Whether the trial court’s preliminary Krankel inquiry was inadequate | Court conducted a proper inquiry and could rely on its full knowledge of trial events | Court failed to question defense counsel and thus did not fully inquire | Affirmed: inquiry sufficient (court questioned defendant at length and relied on firsthand knowledge) |
| Whether Gardner showed possible neglect requiring appointment of new counsel for Krankel litigation | No showing of neglect; most complaints were trial strategy or lacked factual basis | Counsel failed in multiple respects (voir dire, eliciting linking testimony, objections, instructions) | Affirmed: no manifest error; record shows counsel acted competently and followed Gardner’s decisions |
| Whether the 80-year aggregate sentence was excessive | Sentence within statutory range and based on seriousness, prior violent history, and public safety | Gardner’s age, limited nonviolent history, and rehabilitative potential merited a lesser sentence | Affirmed: court considered mitigation/aggravation and did not abuse discretion |
| Whether duplicate murder conviction should be vacated under one-act/one-crime | State agreed count II should be vacated as duplicative | Gardner sought vacation of the duplicate count | Vacated count II and remanded to correct the judgment sheet |
Key Cases Cited
- People v. Krankel, 102 Ill.2d 181 (Ill. 1984) (trial court duty to inquire into pro se ineffective-assistance claims)
- People v. Jeffries, 164 Ill.2d 104 (Ill. 1995) (elements of self-defense and imperfect self-defense)
- People v. Lee, 213 Ill.2d 218 (Ill. 2004) (credibility and jury’s role in assessing reasonableness of belief)
- People v. Blackwell, 171 Ill.2d 338 (Ill. 1996) (standard for appellate review when reducing first-degree murder to second degree)
- People v. Moore, 207 Ill.2d 68 (Ill. 2003) (when appointment of new counsel is required after Krankel inquiry)
- People v. Frazier, 248 Ill. App.3d 6 (Ill. App.) (1993) (jury responsibility to weigh credibility and evidence)
- People v. Spicer, 379 Ill. App.3d 441 (Ill. App.) (sentence within statutory range not an abuse absent manifest disproportionality)