MOUNT VERNON – St. Clair County Circuit Judge Zina Cruse improperly excluded evidence that murder suspect Dominic Combs committed a similar crime in similar circumstances, Fifth District appellate judges ruled on Aug. 12.
They remanded the case to her for trial, finding the state could introduce evidence of the earlier crime to demonstrate intent or absence of mistake.
Justice Thomas Welch found any prejudicial effect of the evidence on a jury would not substantially outweigh the probative value.
He found other crimes aren’t admissible to show propensity to commit a crime but are admissible for purposes of motive, intent, and modus operandi.
“Modus operandi refers to a pattern of criminal behavior that is so distinct that the other crime is recognized as the work of the same person,” Welch wrote.
Police in East St. Louis arrested Combs on a drug possession charge in 2016.
U.S. marshals found he matched the description of a person in a double murder 12 days earlier in Clarksville, Tenn.
Prosecutors there charged him with two counts of homicide.
He claimed self defense and in 2017, he agreed to plead guilty of aggravated assault resulting in death.
On Aug. 11, 2019, police in East St. Louis found Keisha Tolson dead in her red Chevrolet Impala at a stop sign.
Someone had shot her twice in the neck at close range.
Witnesses identified Combs among persons they had seen with her.
He told police he returned to his residence at 12:30 a.m. and woke up at 11 a.m.
Video on his cell phone showed he was awake at 4:30 a.m.
Clothes he wore on the video matched clothes on surveillance at the crime scene.
State’s Attorney James Gomric charged him with murder in the first degree.
Last year Combs filed notice that he would justify his actions as self defense.
Prosecutors planned to call witnesses who heard Combs talk about shooting and killing, and Combs moved to exclude them.
Prosecutors planned to introduce the Tennessee convictions for impeachment purposes, and Combs moved to exclude them.
At a hearing last August, Cruse granted exclusion of the witness statements and the Tennessee convictions.
She found prejudicial effect would outweigh probative value.
The state filed notice of appeal, claiming the double exclusion substantially impaired its ability to prosecute.
Fifth District judges affirmed Cruse on the witness statements and reversed her on the Tennessee convictions.
Welch found eight similarities between the Illinois and Tennessee cases, starting with involvement of drugs.
He found Combs initially denied being present and eventually admitted he was.
He found Combs claimed the victims pulled guns on him and he was able to gain control over the guns.
He found Combs claimed he shot them in self defense in the head or neck.
He found Combs fled and got rid of evidence instead of calling police.
“As factual similarities increase between the two offenses, so does the relevance or probative value,” he wrote.
Justices Judy Cates and Milton Wharton concurred.
Public defender Gregory Nester represented Combs.