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5060514, People v. Taylor 1
N O T IC E
Decision filed 04/07/08. The text of
this dec ision m ay b e changed or
corrected prior to the filing of a
P e t i ti o n for Re hea ring o r the
disposition of the same.
NO. 5-06-0514
IN THE
APPELLATE C OURT OF ILLINOIS
FIFTH DISTRICT
________________________________________________________________________
THE PEOPLE OF THE STA TE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee,
) Fayette County.
)
v.
) No. 06-CF-20
)
ROBERT C. TAYLOR,
) Honorable
) S. Gene Schwarm,
Defendant-Appellant.
) Judge, presiding.
________________________________________________________________________
JUSTICE GOLDENH ERSH delivered the opinion of the court:
After a jury trial in the circuit court of Fayette County, defendant, Robert C. Taylor,
was found guilty of domestic battery in violation of section 12-3.2(a)(1) of the Criminal Code
of 1961 (Criminal Code) (720 ILCS 5/12-3.2(a)(1) (W est 2004)). He was sentenced to 60
days in the county jail, with credit for 5 days served, fined a total of $500 plus court costs,
ordered to obtain an alcohol substance-abuse evaluation and comply with any recommended
terms, and ordered to pay a $10-per-month probation fee. On appeal, defendant raises the
following issues: (1) whether the State proved defendant guilty of domestic battery beyond
a reasonable doubt and (2) whether defendant is entitled to a credit of $5 per day toward the
fine he was assessed for time he spent in custody prior to sentencing. W e affirm in part and
remand.
BACKGROUND
On December 16, 2005, Officer Todd Emerick of the Vandalia police department
responded to a 9-1-1 call at defendant's house. Defendant told Officer Emerick that Lisha
Clary broke into his house and attacked him. After interviewing the parties and witnesses, 2
Emerick arrested defendant. D efendant w as later charged by information w ith dom estic
battery "in that said defendant, without legal justification, knowingly caused bodily harm to
Lisha Clary, a family or household member of the defendant, in that said defendant struck
Lisha Clary in the mouth with said defendant's hands" in violation of section 12-3.2(a)(1) of
the Criminal Code. Defendant was also charged with battery for striking Lisha Clary's
daughter, K.F., in the mouth.
On August 17, 2006, both counts proceeded to a jury trial. K.F., age 15, testified that
she and defendant's daughter, A.M., are friends. K.F. spent the night with A.M. at
defendant's house on the night of December 16, 2005. They were asleep in A.M.'s bedroom
when they were awakened by a loud noise in defendant's bedroom. They went to see what
caused the noise and found K.F.'s mother standing inside the room and defendant and B etty
Kophazy sitting on the bed.
After seeing another woman on defendant's bed, K.F. ran out of the house, using the
back door. The door w as intact when she ran out. She reentered and found defendant
throwing tables at her mother and saw defendant hit her mother in the face. K.F. then got
between defendant and her mother and hit defendant. Defendant hit K.F. back, cutting her
face.
K.F. testified that at the time of the incident, she and her mother had been staying at
defendant's house for a couple of weeks and that her mom and defendant had been "going
out." During the weeks they were living at defendant's house, K.F. witnessed defendant and
her mother hugging and kissing. Both K.F. and A.M. encouraged the relationship between
their parents. K.F. testified that her mother slept in defendant's bedroom during the time they
stayed at defendant's house. K.F. kept her clothes in a bag in A.M.'s room. She w as "pretty
sure" that her mom kept her clothes and a bag of pills in defendant's bedroom. After
defendant hit her, K.F. again fled the house via the back door. She broke the window out of 3
the door attempting to get out of the house and cut her arm on some glass.
Lisha Clary, age 42, testified that she had been staying at defendant's house for
approximately three weeks prior to the night in question. She said that she and defendant
"were dating" and that she slept in his bedroom. She stated that some of her clothes were in
a bag and that some of her clothes were in a closet alongside defendant's bed. She testified
that she kept her medication at defendant's house. She had been at defendant's house earlier
in the day, left, and returned around midnight. She initially testified that she did not have a
key to defendant's house. The door was unlocked. She later recalled that defendant left a key
for her to use. She entered the house, walked through the kitchen and living room, and went
to defendant's bedroom. She found defendant lying on his bed with his head in the lap of
another woman, Betty Kophazy. Betty was sitting on the bed and was wearing clothes, but
defendant w as naked.
Clary asked defendant if she could get her bag of clothes and medication, but
defendant refused. Defendant got off the bed, came at her, and started striking her with his
fists. She ran out of the bedroom and into the living room. Defendant picked up the coffee
table and hit her in the back with it, causing her to fall to the floor. She got up and went into
the kitchen, where defendant continued to hit her. K.F. intervened and hit defendant.
Defendant then hit K.F. twice. K.F. got scared and tried to run out the back door. K.F. could
not get the door open and her arm went through the storm window.
Defendant called the police from a telephone in his room. The police arrived on the
scene. The police first talked to Clary and K.F. The police then went into the bedroom and
talked to defendant. Defendant was handcuffed and taken out the back door. Clary denied
hitting defendant in the bedroom.
On cross-examination, Clary admitted that she had been convicted of aggravated
battery on July 26, 2006, on an unrelated matter in Fayette County and had served a sentence 4
of 30 days in the county jail. The State stipulated that Clary also had been convicted of theft
in a previous matter. Clary gave a written statement to police on the night in question. At
that time she listed her address as 621 North Fifth in Vandalia, which is not defendant's
address.
On rebuttal, Clary said that she and defendant had engaged in sex. She recalled that
they had engaged in sex a "couple days before" the night in question.
Todd Emerick, a police officer who responded to the domestic disturbance call at
defendant's house, testified that upon his arrival, he and his partner knocked on the door, but
no one answered. They walked around the house and found broken glass outside the kitchen
door. They heard yelling inside the house and could not get anyone's attention. U ltimately,
they identified themselves as police officers and walked inside. They observed K.F. in the
kitchen. Emerick described her as "very upset, crying," and "hysterical." After interviewing
the parties and the witnesses, they arrested defendant and transported him to jail.
While defendant reported that Lisha Clary broke into his house, Emerick noted that
he and his partner found broken glass outside the kitchen door, which indicated that
something or someone broke the glass from the inside, pushing out. Emerick further noted
that there was broken glass in the living room and that a coffee table appeared to have been
thrown. Emerick originally charged defendant with battery and listed the victim as K.F.
A.M ., age 15, testified for the defense. Defendant is her father and she resides with
him at his rental house, where the incident occurred. She said that at the time of the offense,
no one else lived w ith them. She has been friends with K.F. since fifth grade. K .F.
frequently spent the night at her house, and sometimes Lisha Clary would also spend the
night on the w eekends, with Clary sleeping on the couch. A.M. admitted that Clary left some
clothes at the house, but she said that they always stayed in a green cloth bag in the living
room. She said that prior to the day in question, she never saw defendant kiss or hug Lisha 5
Clary. According to A.M ., defendant and C lary were just friends.
On December 16, 2005, A.M. and K.F. heard a thud, so they went into defendant's
bedroom to investigate. They saw defendant and Betty sitting on the bed. Clary was
standing across the room and was "yelling." A.M. went back to her bedroom and K.F. went
outside. A.M. saw Clary pick up a lamp but did not see what she did w ith it because A.M.
went back into her room. A.M. did hear glass breaking. At some point, Betty came into her
room and told her she could calm down because the police had arrived. The police tried to
interview A.M., but she told them she did not see much because she was in her room. She
did not tell the police that she saw C lary pick up a lamp.
Betty Kophazy testified that she now lives with defendant and A.M . at the house in
which the incident occurred and that she is defendant's girlfriend. She moved in at the end
of February or early March 2006. On the night in question, she was fully clothed and sitting
on defendant's bed when she heard the sound of glass crashing. She told defendant,
"Som ebody's just broke your window out." After a little more ruckus, she heard someone
bang