2018 IL App (1st) 140891
Ill. App. Ct.2019Background
- On July 1, 2009, Chicago officers in an unmarked car stopped a gray vehicle for running a red light; Brandon Meyers (defendant) and Riley Fleming exited and ran. Officers chased them into a vacant lot.
- Officer Iza pursued Meyers; Iza testified Meyers stopped about halfway in the lot, turned right, fired one shot from his left hand at Iza, and Iza returned fire; Meyers fell and was arrested. Debose testified he heard a shot and later saw Meyers with a gun but did not see the shot fired.
- Meyers was separately charged with attempted murder counts (acquitted) and two counts of aggravated discharge of a firearm in the direction of a peace officer (convicted). He was sentenced to concurrent 19-year terms.
- Physical/forensic evidence: police recovered Meyers’s gun and four casings that matched Officer Iza’s gun; no casing from Meyers’s gun was recovered. A photo showed a hole in garage siding the officers said aligned with the bullet trajectory. Gunshot residue (GSR) testing found three "unique" GSR particles on Meyers’s right hand and two on his left.
- At trial, surveillance video showed part of the chase but not the shooting; the court excluded the defense’s attempt to have an officer narrate the video. The jury credited the officers’ testimony and convicted Meyers of both aggravated-discharge counts.
Issues
| Issue | People’s Argument | Meyers’s Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict of aggravated discharge at peace officer | Officer Iza’s eyewitness testimony (muzzle flash, shot within ~10 ft) and Debose’s testimony (heard shot, saw gun after) plus recovered gun and GSR support conviction | Testimony conflicted; casings matched Iza’s gun; surveillance video did not show a gun; GSR on right hand inconsistent with left-hand firing — creates reasonable doubt | Affirmed: evidence sufficient; jury could credit Iza or Debose and draw reasonable inferences in State’s favor |
| Admissibility of testimony/photo about bullet hole in garage siding | Hole was relevant to shot direction and consistent with Iza’s testimony; photo was fair and accurate | Testimony/photo were speculative; testimony that hole was "fresh" or from Meyers’ bullet lacked foundation and was prejudicial | No abuse of discretion: testimony and photo admissible; any error harmless given other strong testimony |
| Limiting defense cross-examination of Officer Debose about the surveillance video (confrontation clause) | Exclusion proper; video "speaks for itself" and limiting cross-exam is within trial court discretion | Exclusion violated Meyers’s confrontation right by preventing questioning whether Meyers ran with hands at waistband | Forfeited (no posttrial motion); no offer of proof; even on plain-error grounds, no prejudice shown; claim fails |
| Prosecutor’s closing statements (GSR handedness, characterization of officers) | Comments were reasonable inferences from GSR evidence and other testimony; jury instruction cured one improper remark | Prosecutor misstated evidence (no basis for saying Meyers was left-handed), overstated GSR, and improperly bolstered officers | One remark about defendant’s handedness cannot be reviewed because exhibit not in record; remaining comments not improper or harmless; no reversible error |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency review)
- Siguenza-Brito v. People, 235 Ill.2d 213 (single credible witness can support conviction)
- Cunningham v. Illinois, 212 Ill.2d 274 (credibility and inconsistencies within province of jury)
- Wheeler v. Illinois, 226 Ill.2d 92 (appellate court will not retry facts on sufficiency review)
- Milka v. Illinois, 336 Ill. App.3d 206 (jury decides whether a reasonable hypothesis of innocence raises reasonable doubt)