The following facts were adduced at defendant’s trial. Derrick Holliday testified that on the morning of February 21, 1989, Austin and he went to visit their friend James “Sonny” Keeler at a Chicago Housing Authority project located at 4445 South Evans Street. At about 10 a.m., Austin and Holliday encountered Shambley near the left stairwell of the building. The three began discussing the violence which had been taking place in the project when Shambley pulled a gun from his coat pocket, and told Holliday and Austin that “I’m not worried about nobody doing nothing to me.”
About 12:30 p.m. that same day, Holliday met defendant and Appelby near the same spot, and they also were discussing the recent violence in the area when Appelby told Holliday that he should leave the building because something was about to happen. Soon thereafter, Holliday heard Donnell Keeler and Chris Keeler chatting as they were walking down the stairwell. Holliday observed defendant and Appelby, who were both armed, and another person whom he did not recognize, move closer to the stairwell. Holliday then heard several shots ring out, although he could not tell who fired them.
After hearing the shots, Holliday saw defendant, Appelby and Shambley standing in a row near the right stairwell of the building. He then observed Austin exit the adjacent CHA project building, located at 4414 South Cottage Grove Avenue, and head toward the building located on Evans Street. Holliday warned Austin not to go to the Evans project because there had just been a shooting there, but Austin waved him off and proceeded toward his original destination. Holliday stayed in the playground between the two buildings, and about 15 minutes later, he heard six or seven shots which sounded as if they came from different guns. About 15 seconds later, he observed Austin stumbling into the playground, and he also saw defendant, Appelby and Shambley fleeing from the scene. He then ran toward Austin, who was bleeding profusely, and heard him say that “Eric shot me, Eric shot me.” Austin also kept repeating “Boss, Boss, Boss,” and that “he was fixing to die.” Holliday placed Austin on the ground in the breezeway between the projects, and soon thereafter Hope Keeler arrived and began tending to Austin. Holliday testified that at no time during the day was Austin carrying a weapon, and he further stated that he did not recognize the .357 caliber firearm which was found at the scene.
Donnell Keeler testified that at about 1 p.m. on the date of the homicide, he and his sister Chris left their brother Sonny Keeler’s apartment, and as they were descending down the left stairwell with Chris walking in front, the two encountered defendant. After Chris said hello to him and proceeded on her way, defendant displayed a gun and asked Donnell repeatedly “why did you do it.” Donnell explained that this inquiry had reference to a dispute he had had with defendant and Appelby over the ownership of a gun. After Donnell told defendant that he had not done anything, Shambley approached him and told defendant that he should not be talking to Donnell. When Donnell saw Shambley, who was armed, raise his hand, he immediately fled back up the stairwell, and he heard three or four shots fired at him.
When he returned to Sonny’s room, Donnell informed him that he had just been shot at by defendant and Shambley. Sonny then asked Austin, who had arrived at Sonny’s apartment some time after Donnell had left, to try to find a peacemaker named “Buckeye” to calm the situation. On cross-examination, Donnell admitted that he had been a member of the War Lords street gang until 1988, but that he no longer belonged to that group. He also stated that his brother Sonny was once a member of that gang as well, but that Sonny had never been its chief.Hope Keeler testified that at approximately 1:30 p.m. on February 21, 1989, she was in her mother’s apartment in the Cottage Grove housing project when she heard several gunshots emanating from outside. When she looked out her window, Hope saw Austin stagger out of the adjacent building into the playground. She then rushed downstairs and tended to Austin who was bleeding from his mouth and neck. As she was holding him, Austin mumbled to her that “Boss and Eric shot me,” gasped for air, and then told her that “they gone get us one by one.”
Find-A-Grave: Harvey Austin Jr.
South Side Man Among 3 Killed by Convicted Murderer, Police Say
The People of the State of Illinois v Curtis Davis 1993 (conviction and sentence affirmed)
Chicago Triple Homicide 3/27/2012 *Curtis Davis Jr., convicted murderer, charged with the murders of 3 men; all of this over a jacket*
Defendants
Curtis Davis – convicted; sentenced to 40 years in prison, released 2008
Kevin “Boss” Appelby – acquitted at trial
Eric Shambley – acquitted at trial
Curtis Davis 2012