People v. Mcchristian

309 N.E.2d 388 (1974)

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Nature of the Case

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Facts

Police stopped a car with a known gang member, Barksdale. After they were allowed to go on their business, the police followed behind them. The card drove by the territory of a rival gang. D and Melvin Bailey, members of the Blackstone Rangers, saw the rival car coming down the street. D heard someone shout, that 'David' was coming. The police saw someone shout 'D's!' which stood for Disciples. A number of youths were on the side of the street, and the police heard a shot. Then several more from both sides of the street. Two of the officers saw a young man run in front of their car and fire a gun four or five times directly at Barksdale's automobile. It was Melvin Bailey. The officers pursued him, and he threw away a .45-caliber gun that was recovered by the officers a moment or so before they arrested him. The third officer saw a young man point a gun and fire it once at Barksdale's automobile. At the same time, that officer saw two other youths firing at Barksdale's car. The youth who was alone ran into a gangway and then to a porch, followed by the policeman. The youth, D, was eventually found trying to unjam a .25-caliber automatic gun. D dropped the gun and was placed under arrest. No one was injured and no property was damaged. While they were sitting in the police car under arrest, Barksdale drove up to the police car, and the defendants told Barksdale, 'We didn't get you this time.' D, who was listening to the conversation, chuckled and said, 'We will get him next time.' Ds were charged with a laundry list of crimes with the sixteenth count charging conspiracy to murder Barksdale and his four companions. Ds were also charged with intentionally agreeing with each other and with other persons whose names are unknown as members of an organization known as the Blackstone Rangers, to the commission of the offense of murder, that is to say, they knowingly and intentionally agreed to kill by shooting without lawful justification David Barksdale, William Gaddy, James Hall, Tyrone Withers, and Mitchell Newton.' In furtherance of the conspiracy D and the two others intentionally discharged firearms in the direction of an automobile in which Barksdale, Gaddy, Hall, Withers, and Newton were riding, with intent to kill or do great bodily harm to the occupants of the automobile. Ds went to trial before a jury on the six counts that charged the attempts to murder and conspiracy. Bailey was found guilty of the attempts to murder and the conspiracy. D was acquitted of the attempts but was found guilty of conspiracy. D appealed.