People v. Evans

              NO. 4-05-0155 Filed: 12/15/06
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
THE PEOPLE OF THE STATE OF ILLINOIS,
Plaintiff-Appellee,
v.
TERRY G. EVANS,
Defendant-Appellant.
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Appeal from
Circuit Court of
Macon County
No. 02CF1105
Honorable
Timothy J. Steadman,
Judge Presiding.
JUSTICE APPLETON delivered the opinion of the court:
In a December 2004 jury trial, defendant, Terry G. Evans, was convicted of first-degree murder for
killing Carla Casey. At trial, each side put forth different theories on the manner of Casey's death and whether
defendant was responsible. Two important facts were undisputed at trial: (1) according to the autopsy report,
Casey died from blunt-force trauma to the brain, and (2) Casey fell from defendant's moving pickup truck. The
State alleged defendant stamped Casey to death after she was dragged by his truck. Defendant claimed the
victim was dragged and then accidentally run over by the truck causing her death. The jury accepted the State's
theory and returned a guilty verdict. After considering the evidence, relevant factors in mitigation and
aggravation, and the parties' recommendations, the court sentenced defendant to 35 years in prison.
Defendant appeals, claiming (1) the trial court erred in admitting the State's expert witness's testimony
concerning his bloodstain-pattern analysis, (2) the State failed to prove defendant guilty beyond a reasonable
doubt, (3) the trial court erred in refusing to instruct the jury on aggravated reckless homicide, (4) the trial
court erred in denying defendant a new trial based upon newly discovered evidence, and (4) his trial counsel
was ineffective for failing to tender lesser-included-offense instructions. We affirm.
I. BACKGROUND
On September 18, 2002, defendant was charged with three counts of first-degree murder for killing
Casey on September 8, 2002, by inflicting broad-surface, blunt-force trauma on her (1) causing her death, (2)