EXTER ED E-D suo , IN THE CIRCUIT COURT OF COOK COUNTY ANGELA PETRONE-1963 COUNTY DEPARTMENT — CRIMINAL DIVISION MAY 0-4 2015 PEOPLE OF THE STATE OF ILLINOIS ) ETE ESA to VERSUS } No. 91CR-03548 (01) ‘ADDOLFO DAVIS } RESENTENCING ORDER On March 8, 1993, defendant was convicted of first degree murder of Bryant Johnson, first Gegree murder of Keith Whitfield, attempt first degree murder of Melvin Harvey, attempt frst degree murder of Keith McGee, and home invasion. Defendant was subsequently sentenced to Concurrent terms of natural life in prison and 30 years. Pursuant to a retroactive application of Our U.S. Supreme Court's decision in Miller v. Alabama, 132 S, Ct. 24455, a new sentencing was held on April 13, 2015, in which this court considered the following: TESTIMONY FROM TRANSFER HEARING IN JUVENILE COURT Dec, 1990 and Jan, 1991 * Detective Dennis Dwyer testified to the initial investigation of a double homicide at 5616 S. Calumet on October 9, 2010. Alfred Weeden, Joanne Reed and Lamont Baxter ‘famed one of the offenders as Spooncakes, * Lamont Baxter Grand Jury testimony on 10-12-90: At around 12:30 a.m. on October 9, 1990, he was leaving 5616 S. Calumet to get food. Three guys stopped him. “Their street names were Spooncakes, Verdell and there was Tigger... They had guns in their hands and they were running, approaching me and asking who I was.” Question: "Each ‘one of these guys had guns?” Answer: "Yes.” Tigger asked about money, drugs and uns and told Verdell and Spooncakes they were going to rob them, and Lamont was going to get them in the door. Tigger put his gun to Lamont’s chest and grabbed the back of his right arm. Verdell and Spooncakes put their guns in their pockets, All three took Lamont upstairs to the third floor. “All three of them were talking about this. At first, the decision was to kill everybody and have no witnesses. Then, right before we got to... Albert’s apartment, they said, ‘Let's make this final decision. Do you want to leave Joanne or do you want to kill her also? ’ Verdell and Spooncakes made the decision to leave her alive.” Tigger told Lamont to knock on the door. He did. Alfred asked who is it. Lamont told him. Alfred opened the door. Tigger pushed Lamont in and told everybody “get fuckin on the floor, and that’s when Tigger and Verdell Proceeded to start shooting.” Spooncakes had his gun. When Alfred saw Spooncakes with the gun, Alfred grabbed his arm and had it way up against the door. Lamont ran out the door and could not see if Spooncakes dropped the gun. He heard 4-5 shots, 1* Alfred Weeden Grand Jury testimony on 10-12-90: ‘Spoancakes is Addolfo Davis, Verdell is Eugene Bowman and Tigger is Allen Caffey. Weeden was home at 5616 S, Calumet early Tuesday with Keith McGee, Keith Whitfield, Joanne Reed, Lamont Baxter, Melvin Harvey and Bryant Johnson. Lamont left to get food, came back a litle later and knocked. Weeden said who is it? He said Lamont. Weeden opened the door “and three guys came charging in, Spooncakes, Verdell and Tigger. Tigger went back towards the room and just started shooting. Spooncakes had the gun pointed at me and T was able to knock it out of his hand. That gave me a chance to run and I hollered, They got guns.’ But, when I hollered, they were already shooting.” The motive “all started Saturday morning about 1:00.” Tigger, Verdell and Spooncakes brought narcotics from them, cut the packages and made money. They asked if they “could they sell it where we were selling Ours...we said...we don’t mind, just don't do it when the boss comes.” ‘Then, Allen Caffey's cousin (the boss) hit Tigger, who came back shooting about two hours later and at 1:00 Sunday afternoon. Monday night this shooting happened. . Detective James O'Leary testified as to a statement given by defendant to ASA Brian ‘Sexton in the presence of his ‘mother, Karen Davis, Youth Officer James Glynn, and O'Leary. D stated: He was a ‘Gangster Disciple for two years and a good friend of co-Ds Tigger (Alex Caffery) and Verdell (Eugene Bowman). D is called Spooncake, Last ‘Saturday, Tigger and Verdell were selling drugs in front of Aifred’s building at about 5:00 P.m. when a big shot Black Disciple slapped Tigger’s cousin in the face. Tigger got pissed off but Verdell and defendant could Not do anything about it then because the big ‘shot drug dealer had his boys with him. Tigger, Verdell and defendant went to the park. Tigger got a gun and began shooting at the boys from Alfred's building. There was a lot of shooting going on over the weekend between the GDs and BDs. At 9 p.m. Sunday night, October 7, 1990, defendant, Tigger and Verdell all got together and talked about how they were going to get revenge for Tigger’s cousin getting slapped. Defendant, Tigger and Verdell all agreed to go to Alfred's apartment on the third floor of 5616 S. Calumet and shoot and kill anyone in the apartment as revenge for Slapping Tigger's cousin. Verdell agreed to carry three guns. In the early moming of Tuesday, October 9, 1990 at 12:45 a.m,, defendant, Verdell and Tigger all got in a cab and went to Alfred's building. Verdell passed each one a big gun. Lamont came out of the building. They all decided they wouild get Lamont and use him to get in the apart- ment. Defendant, Verdell and Tigger all ran up to Lamont from behind as Lamont walked west on 56” Street. Defendant, Verdell and Tigger had their guns drawn on Lamont. As Tigger pointed the gun to Lamont's head, defendant, Verdell and Tigger all Started asking Lamont who was in the apartment and about any guns or drugs in the apartment, They ordered Lamont to walk back to the apartment with them. As they were walking back down 56” Street, Verdell was asking Tigger and defendant if they ‘were going to kill everyone in the apartment of if they were gonna Joanne live, All three of them talked about it until they got to the hallway of Alfred's building on the first floor. 2Defendant, Verdell and Tigger decided Lamont was going to knock on the door and when Alfred opened it, they would tell everyone to lie on the floor, get the drugs and money and then shoot and kill everybody except Joanne. Defendant, Tigger and Verdell each kept a gun in their hands as they walked up the stairs with Lamont in front. Lamont knocked on the door. Alfred asked who it was. Lamont said it was him, Alfred opened the door. Defendant, Tigger and Verdell then pushed Lamont into the apart- ‘ment and they each went in — Verdell first, followed by Tigger, then defendant. Defen- Angela M, Petrone, Circuit Court of Cook County ENTER 60 32