{ "id": 3464297, "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. VERSIE LEE OWENS, Defendant-Appellant", "name_abbreviation": "People v. Owens", "decision_date": "1987-05-21", "docket_number": "No. 4\u201486\u20140341", "first_page": "990", "last_page": "1000", "citations": [ { "type": "official", "cite": "155 Ill. App. 3d 990" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "380 N.E.2d 795", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "opinion_index": 0 }, { "cite": "72 Ill. 2d 203", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5443749 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/ill-2d/72/0203-01" ] }, { "cite": "469 N.E.2d 569", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1978, "opinion_index": 0 }, { "cite": "103 Ill. 2d 192", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3152614 ], "year": 1978, "opinion_index": 0, "case_paths": [ "/ill-2d/103/0192-01" ] }, { "cite": "459 N.E.2d 1077", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "121 Ill. App. 3d 579", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3559032 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/121/0579-01" ] }, { "cite": "430 N.E.2d 1070", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1984, "opinion_index": 0 }, { "cite": "88 Ill. 2d 225", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3083586 ], "year": 1984, "opinion_index": 0, "case_paths": [ "/ill-2d/88/0225-01" ] } ], "analysis": { "cardinality": 1025, "char_count": 25204, "ocr_confidence": 0.764, "pagerank": { "raw": 1.3164079863441e-07, "percentile": 0.6256331932865584 }, "sha256": "5f4d13168fa38b8b78e5204de5a5848048d538184e8908b6d9071a7cad00955b", "simhash": "1:de2272e7a6bdf770", "word_count": 4259 }, "last_updated": "2023-07-14T20:57:39.933265+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. VERSIE LEE OWENS, Defendant-Appellant." ], "opinions": [ { "text": "JUSTICE KNECHT\ndelivered the opinion of the court:\nFollowing a jury trial, the defendant, Versie Lee Owens, was convicted of murder. (Ill. Rev. Stat. 1985, ch. 38, par. 9 \u2014 1(a).) She appeals, asserting (1) the evidence presented at her trial was, as a matter of law, insufficient to sustain a murder conviction and (2) the testimony of Officer Gary Knight concerning the analysis of blood spatters found at the scene of the killing was improperly admitted, due to lack of a foundation establishing acceptance of that investigative technique in the scientific community and the State\u2019s failure to qualify Knight as an expert on blood-spatter analysis. Owens requests we reverse her conviction and remand this cause for a new trial or, alternatively, that we reduce her conviction to voluntary manslaughter pursuant to Supreme Court Rule 615(b) (87 Ill. 2d R. 615(b)).\nOwens promptly turned herself in to the police following the fatal shooting of the decedent, Donald \u201cCount\u201d Morton. She admits she killed Morton. The principal issue at trial was whether Morton\u2019s actions on the night Owens fatally shot him engendered in Owens either a reasonable or an unreasonable belief that the use of deadly force against Morton was necessary in order to prevent him from inflicting death or great bodily harm on her.\nOn January 23, 1986, Owens was at Morton\u2019s apartment from approximately 1 or 1:10 a.m. until she fatally shot Morton shortly after 6 a.m. Sheldon Clark, a resident of the apartment building in which Morton resided, testified he heard arguing coming from Morton\u2019s apartment between approximately 2 and 6 a.m. on that morning, and it was apparent from the words spoken that Morton would not permit Owens to leave. Clark stated that prior to 2 a.m. on the same date, Clark had played cards in Morton\u2019s apartment, and Morton expressed displeasure over Owens\u2019 coming to the apartment as late as she did. He told Owens she was not going to leave unless she killed him. Although Owens begged Morton to let her out of the apartment door, Morton stood in front of the door and told Owens she was not going anywhere. At one point, Morton asked Clark to get him his knives, which Clark refused to do, and Owens made a move for her purse.\nMorton was angry when Clark left his apartment. Clark had seen Morton in the same emotional state about 1 to V-k months prior to the date in question, when Morton had likewise kept Owens from leaving the apartment. Eventually, however, \u201cthey got the act together\u201d and Morton allowed Owens to leave. On that earlier occasion, Elmer Schultz, the building\u2019s resident landlord, was called to Morton\u2019s apartment, and Morton threatened Schultz, followed him to his apartment, and stole Schultz\u2019 wallet. A couple of weeks prior to Morton\u2019s death, he had also threatened Clark and hit Clark over the head with two beer bottles while Clark\u2019s back was turned to him. This incident was apparently precipitated by Clark\u2019s going to Morton\u2019s apartment to recover something which Morton had stolen from Clark\u2019s apartment.\nAfter returning to his apartment on the morning of January 23, Clark heard Morton say to Owens, \u201cI will kill you,\u201d and also heard him say he was going to kill Owens, \u201c[i]f you go in your purse.\u201d Clark did not see a knife or any other weapon in Morton\u2019s hand before he left Morton\u2019s apartment on the morning of Morton\u2019s death.\nLieutenant Gerald Hunk of the Decatur police department stated that soon after Owens turned herself in, he observed a \u201cslight reddening area\u201d on the inside of her upper lip. However, there was no swelling or fresh or dried blood present, and Hunk did not notice that Owens was injured in any other way.\nSergeant John Mickler, also of the Decatur police department, discovered three pieces of broken brown glass on the floor of the kitchen area of Morton\u2019s apartment. He also observed a kitchen knife on a bed in a bedroom of the apartment. He did not see any blood in the bedroom. Decatur police Detective George Lebo testified he saw blood in the area beneath Morton\u2019s head and also observed some tissue or blood on a milk carton which was in close proximity to Morton\u2019s body.\nDr. Grant C. Johnson, a pathologist, stated no powder bums were found on Morton\u2019s head, and in order for powder bums not to be caused by a gun such as used by Owens to kill Morton, the gun must be held 29 to 31 inches from the victim\u2019s head. The bullet entered Morton\u2019s head from an upward 45-degree angle, but this does not in itself explain the position of the individuals at the time the fatal shot was fired.\nOn cross-examination, Johnson stated that, with absolute certainty, he could say the gun was fired at least 10 inches away from Morton\u2019s head and \u201cwith all probability\u201d was fired 30 inches from his head. On redirect examination, Johnson stated the relationship of the gun muzzle to Morton\u2019s head, \u201ccould imply a number of different positions of the decedent as well as the gun including sitting.\u201d It is necessary to bear in mind \u201cthe head is highly mobile. It can go from side to side, and it can go way back.\u201d\nGary Knight stated he has been employed with the Illinois State Police for 17V2 years and has been a crime scene technician for approximately 7 years. It is the responsibility of a crime scene technician to \u201cprocess crime scenes for the physical evidence, do all the photography, the sketching, fingerprinting, collection of the evidence, the proper packaging and receipting of that evidence, the crime scene sketching, [and] relaying the evidence to the crime lab for analysis.\u201d In his occupation, Knight has done crime scene investigations for various police departments, including the Decatur police department.\nAfter describing the appearance of the room where Morton\u2019s body was discovered and the evidence which he gathered there, Knight stated he attempted a reconstruction of the scene of Morton\u2019s death. He further testified that crime scene reconstruction is a common practice for crime scene technicians. Knight has reconstructed homicide scenes on probably several hunched occasions.\nWhen asked what factors he considered in attempting to reconstruct the scene of Morton\u2019s death, Knight stated one factor was the size of the room. Although firearms experts and pathologists are primarily responsible for range determination, the size of the room where the shooting occurred limits the possible range from which a shot is fired. Given the size of the room in which Morton was killed, the fatal bullet could not have been fired from a distance of more than 10 to 12 feet.\nKnight further testified, over the objection of Owens\u2019 counsel:\n\u201cThe most important aspect that might be involved in this particular case would be blood spatters interpretation. We do know with the proper amount of training and the proper examination of blood spatter that may be recovered or preserved through photographs and measurements within a scene that blood \u2014 the flight of blood characteristics have interesting patterns. If, in fact, we have a pass through \u2014 that is, a bullet passes through a victim \u2014 the bullet will do certain things. We have high velocity blood spatter interpretation, low blood spatter interpretation. High velocity, low velocity, medium velocity blood spatter interpretation, it\u2019s the flight of the blood. In this particular instance, there was something interesting here. We have the milk carton ***\n* * *\nThe location of the milk carton in relationship to the body, first of all, is firmly planted against the victim\u2019s buttocks and legs. Secondly, the location of the blood and tissue matter is on top of the milk carton \u2014 is it milk carton or milk case, I should say;***.\"\nIn response to a question as to what other factors he took into account in his reconstruction of the scene of Morton\u2019s death, Knight stated, also over defense counsel\u2019s objection:\n\u201cHigh velocity is generally caused by propelling of the blood by the bullet from a firearm. They would generally be very fine spattering \u2014 very fine spattering. Now, that is only if you have a pass through. That is, the bullet passes through the body, contracts and opens up the blood; and causes that spatter outward that gives us directionality. Another thing happens, it\u2019s what\u2019s called casts offs. They come back from that projectile. They will have tails on them. They\u2019re rounded on the end and have tails. From that, we get directionality. If I can find that, the tails, I can go back to the source from which the blood came.\n***\nIn this instance, the milk carton contained cast offs as well as the tissue. That source then with directionality from it came from the frontal area in my opinion.\u201d\nFinally, when he was asked if he was able to determine, to a reasonable degree of expertise as a crime scene technician, the location of Morton when he was shot, Knight said:\n\u201cBased upon the location of the blood spatters on the milk carton, it would be my opinion that the body had to be in one of two positions at the time he received the bullet, either standing directly behind the milk carton or sitting on it. Common sense in examining that scene would indicate to me that the victim was sitting upon that at the time he received it.\u201d\nOwens\u2019 counsel objected to admission of this conclusion on the basis that it lacked a proper foundation because there was no testimony Knight had any scientific training in this area or that the blood-spatter investigative technique has gained acceptance in the scientific community. On cross-examination, Knight stated that he studied \u201cblood spatter technique\u201d under Professor McDonald. He admitted that if Morton had been seated on the milk carton when shot, \u201ctissue and blood would either have come outward from an implosion or fallen directly down in front of him.\u201d Knight further acknowledged that if Morton \u201cwas standing in front of the milk carton and was facing the shooter, and the milk carton was between him \u2014 or a couple of feet in front of him, the implosion would have caused the material to have fallen and land on the carton.\u201d Knight admitted that the sequence of events \u201ccould have very well happened that way.\u201d\nKnight\u2019s conclusion Morton was sitting when shot was a calculated guess on his part \u201cas to two possible things that could happen, either of which are equally likely.\u201d Finally, Knight admitted he prepared no report regarding his theories concerning the milk carton visa-vis Morton\u2019s position when shot.\nSeveral defense witnesses described prior incidents involving threats and unlawful restraint on the part of Morton. Roger Sexton, a Decatur police officer, testified that on January 30, 1984, Morton retrieved some of his clothing from Owens\u2019 residence. At that time, Morton became very irate and stated he was going to kill Owens. Morton also cursed police officers who had been summoned to the scene, including Sexton, and he was therefore arrested on a charge of disorderly conduct. Decatur police officer Edgar Combs, who accompanied Officer Sexton to the scene of the January 30, 1984, altercation, testified Morton told him that Owens waved a gun from inside the house through the window, but no weapon was found.\nCheryl Hicks testified that in the fall of 1985, Morton and Owens played cards at Hicks\u2019 home. Morton grabbed and pushed Owens in an effort to compel her to leave when he wanted to leave. Thereafter, Morton went outside Hicks\u2019 residence and ran at her every time she would try to leave. This occurred about three or four times, and the police had to be called so Owens could leave Hicks\u2019 residence.\nEmma Evans similarly stated that on many occasions when Owens and Morton visited Evans\u2019 residence, Morton would try to prevent Owens from leaving by grabbing her arm and pulling her back. On more than one occasion, Morton stated he would \u201ckick [Owens\u2019] ass\u201d if she left.\nJesse L. Grandberry testified that in August or September 1985, Morton told Owens he would kill her if he ever caught her seeing another man.\nElmer Schultz, the resident landlord of the building where Morton lived, stated that approximately one to two weeks before Morton\u2019s death, he-approached Morton\u2019s apartment after he heard arguing in the apartment and saw Morton standing in the doorway of the kitchen of the apartment. Thereafter, Owens left Morton\u2019s apartment and Morton followed Schultz to his apartment. While at Schultz\u2019 apartment, Morton twice threatened to \u201cbeat [Schultz'] ass,\u201d pushed a file box onto the floor, and removed money from Schultz\u2019 billfold.\nSteven Kasarsky, a Department of Law Enforcement forensic scientist assigned to latent print identifications, stated that a latent print of one of Morton\u2019s palms was discovered on the inside of the neck of a broken beer bottle found in Morton\u2019s apartment after his death. The print was obviously placed on that portion of the bottle after it had been broken. On cross-examination, Kasarsky stated the presence of a print in this location was merely consistent with someone picking up the bottle fragment, and it was not indicative of what happened after the fragment had been picked up.\nTestifying on her own behalf, Owens recounted arriving at Morton\u2019s apartment on January 23, 1986, where she, Morton, Clark, and William Johnson played cards. All four argued after Johnson and Morton allegedly began cheating, but eventually just Owens and Johnson were arguing. Schultz then came to the apartment and told the occupants to quiet down. After Schultz left, Owens started to leave. Morton thereupon got in front of the door, told Owens she was not going anywhere, grabbed her by her arm, and threw her into the bedroom of the apartment. He held her up against the wall and called to Clark and Johnson to bring him the knife which was under the bed. Neither Clark nor Johnson complied with this request. While in the bedroom, Morton started for Owens\u2019 purse in order to get the gun which Owens carried in the purse for her protection.\nAfter Owens and Morton went outside the bedroom, Owens again started toward the door and Morton again got in front of the door and told her she was not going anywhere. Owens then sat down and Morton hit her in the chest with both palms of his hands. Subsequently, he hit Owens in the chest a second time and slapped her in the face with his open hand. At that time, Clark and Johnson left the apartment and Morton again prevented Owens from leaving, stating, \u201cIf you say you don\u2019t love me anymore, I\u2019ll kill you. If you say you don\u2019t go with me anymore, I\u2019ll kill you. If you say you\u2019re not coming over here tomorrow, I\u2019ll kill you.\u201d Owens again sat down, and Morton inquired whether her heart was hurting. Owens replied in the affirmative, and Morton said, \u201cGood. I hope you die. I hope you fall in [sic\\ the floor and die.\u201d\nWhen Morton once more prevented Owens from leaving, Owens scuffled with Morton, got the door open, and called to Schultz for help. Morton then hit Owens in the jaw. During the early morning hours of January 23, 1986, Owens went to the door \u201cmaybe about 8, maybe 12\u201d times. On one occasion, Owens went to the door while Morton started to the bedroom. Morton got a knife out of the bedroom, told Owens she was not going anywhere, and reached in the garbage can and grabbed a beer bottle. He said that he did not need the knife, put it down, broke the beer bottle, and put it to Owens\u2019 neck. He put the beer bottle down, however, after Owens said, \u201cPlease don\u2019t do it, Count.\u201d Morton then threw the knife on the bed. Owens testified that at this time she was scared and shaking and knew Morton was going to kill her.\nMorton subsequently stated he knew that Owens was tired and sleepy and that she could lie down on his bed. Owens refused this invitation and again sat down on a chair. Morton lay down on the floor in front of Owens. After a lengthy period of time, Morton again prevented Owens from leaving the apartment and stated, \u201c[I] said maybe 6 or 7 o\u2019clock before I let you leave, say you won\u2019t leave. I won\u2019t let you leave all day. I may just keep you here all day.\u201d Morton also told Owens he would cut the tires on her car and bust out the window.\nToward the end of the early morning hours, there were people walking up and down the stairs outside Morton\u2019s apartment, and Morton occasionally opened the door and spoke with some of them. While Morton opened the door to visit with some of these individuals, Owens was able to get the gun out of her purse. Mdrton then started walking rapidly toward her,