People v. Bueno
| Decision Date | 20 May 2005 |
| Docket Number | No. 2-04-0048.,2-04-0048. |
| Citation | 829 N.E.2d 402 |
| Parties | The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Daniel BUENO, Defendant-Appellant. |
| Court | Illinois Supreme Court |
Raymond G. Bendig, Chicago, for Daniel Bueno.
Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Lawrence M. Bauer, Deputy Director, Joseph S. Mikula, State's Attorneys Appellate Prosecutor, Ottawa, for the People.
Defendant, Daniel Bueno, was charged by indictment with two counts of aggravated discharge of a firearm within 1,000 feet of real property comprising a school (720 ILCS 5/24-1.2(a)(1), (b) (West 2002)), two counts of aggravated discharge of a firearm (720 ILCS 5/24-1.2(a)(1) (West 2002)), and one count of aggravated unlawful use of a weapon (720 ILCS 5/24-1.6(a)(1), (a)(3)(A) (West 2002)). Following a bench trial in the circuit court of Lake County, defendant was convicted of aggravated unlawful use of a weapon and one count each of aggravated discharge of a firearm within 1,000 feet of real property comprising a school and aggravated discharge of a firearm. The trial court sentenced defendant to 16 years' imprisonment on the conviction of aggravated discharge of a firearm within 1,000 feet of real property comprising a school and 15 years' imprisonment on the conviction of aggravated discharge of a firearm. The court ordered the sentences to run concurrently. The court did not enter judgment on or sentence defendant for the aggravated unlawful use of a weapon conviction. On appeal, defendant raises two arguments. First, defendant contends that the trial court erred in admitting as substantive evidence a statement made by Sergio Ruiz, one of the State's witnesses. Second, defendant asserts that the State failed to prove him guilty beyond a reasonable doubt of aggravated discharge of a firearm. For the reasons that follow, we vacate defendant's conviction of and sentence for aggravated discharge of a firearm and we modify the mittimus, but we otherwise affirm the decision of the trial court.
The charges against defendant arose out of a drive-by shooting that occurred the evening of September 25, 2002, when shots were fired at a residence located at 502 North Butrick in Waukegan and at a vehicle parked in a driveway at 506 North Butrick. At approximately 9:30 p.m., the Waukegan police department received a report of the shooting. Officer Alias Agalianos testified that, when he arrived about one minute later, at least six people were in the home at 502 North Butrick. After speaking with some witnesses, Agalianos searched the area. He found two spent shell casings in the middle of the street. Agalianos examined the house for damage and observed two bullet holes. In addition, Agalianos observed that a truck parked in the driveway at 506 North Butrick had one bullet hole in the tailgate and another in the rear driver-side tire.
Officer Michael Mandro, an evidence technician with the Waukegan police department, testified that two shell casings and four projectiles were recovered from the scene. Mandro determined that the shell casings were from a .38-caliber Winchester. Two of the projectiles were found at 502 North Butrick. According to Mandro, these two projectiles passed through the front door of the residence. One of the projectiles was found lodged in an interior doorway, and the other was found resting on a windowsill.
Sergio Ruiz testified that he was serving a three-year sentence in the Illinois Department of Corrections for unlawful sale of a firearm. In October 2002, Sergio, then 17 years old, and an acquaintance were arrested by the Waukegan police department on a charge unrelated to this case. At that time, Sergio gave two written statements to the police regarding the September 25, 2002, shooting. The first statement was given on October 22, 2002, at 9 p.m. The second statement was given on October 23, 2002, at 6 p.m. Both statements were typed by Sergeant Cappelutti and witnessed by Cappelutti and Detective Charles Schletz.
Sergio testified that after being informed of his Miranda rights, he gave police a verbal statement. The officers asked Sergio to reduce the statement to writing. Sergio indicated that he did not want to write out a statement, so Cappelutti typed the statement for him. Sergio reviewed the typed statement and signed it. Sergio identified People's exhibit 34 as the first statement he gave to police. In this statement, Sergio told the police that he is a junior member of the Latin Kings and that he holds guns for them. Sergio also stated that Juan Vargas was the person who fired shots at 502 North Butrick and that Sergio had supplied Vargas with the gun used in the shooting. After the shooting, Vargas returned the weapon to Sergio.
In his second statement, Sergio stated that it was not Juan Vargas who fired the shots at 502 North Butrick but, rather, an individual named "Baqweek." Sergio further stated that, the day after the shooting, "Baqweek" told him that he fired four shots at the residence while riding in a black Lincoln with "Emmanuel" and "Smokey." Sergio told police that he was familiar with the weapon used in the shooting, a ".380," and that the gun always jammed after the third or fourth shot. Sergio stated that "Baqweek" told him that the gun jammed on the night of the shooting. The second statement was marked as People's exhibit 35.
When asked at defendant's trial about the specifics of his first statement, Sergio stated that he did not wish to answer any more questions. The trial court ordered Sergio to respond, but he still refused. The court then held Sergio in direct contempt of court and delayed any further questioning of Sergio until he consulted with his attorney. After speaking with his attorney, Sergio again took the witness stand. Sergio denied making certain statements to police and refused to testify any further. The trial court then gave defendant's attorney the opportunity to cross-examine Sergio. On cross-examination, Sergio admitted that he signed the first statement. He then reviewed the statement and testified that parts of the statement were his, but that he could not recall which ones. Defense counsel stated that he had "nothing further." The State then submitted that Sergio was "refusing to testify both to the State and the questioning of the defense." Thereafter, the trial court found Sergio in contempt of court and sentenced him to six months' imprisonment.
The State then moved to admit People's exhibits 34 and 35 as substantive evidence pursuant to sections 115-10.1 and 115-10.2 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-10.1 (West 2002); 725 ILCS 5/115-10.2 (West Supp.2003)). Defendant objected to the admission of the statements. The trial judge concluded that the statements were admissible under both sections. People's exhibit 36, a photo lineup in which Sergio identified defendant as "Baqweek," was also admitted into evidence.
Maria Ruiz, Sergio's mother, identified defendant by the name "Baqweek" or "Baquick." Maria testified that, at some point during 2002, she found a gun in her house. After Maria found the gun, "Baqweek" came to her house, and she gave the gun to him. "Baqweek" told Maria that the gun belonged to his friend and that he would return it to him. Maria cautioned "Baqweek" not to play with guns and warned him that the next time that she saw a weapon in her home she would call the police.
Emmanuel Gomez testified that he is on juvenile probation in relation to the September 25, 2002, shooting. Late in October 2002, Gomez gave the police a written statement. In the statement, Gomez acknowledged driving the car from which the shots were fired. Specifically, Gomez stated that he drove a dark-colored Lincoln with the headlights off past a residence at 502 North Butrick and that a passenger in the car fired shots at the home because a rival gang member lived there. Gomez identified the shooter as "Juan." He told the police that Juan shot at the house four times before the gun jammed. Gomez did not reference defendant's given name in his written statement to police. However, he did tell police that an individual nicknamed "Quick" was one of the passengers in his car on the night of the shooting. At defendant's trial, Gomez testified that Quick's given name is Ignacio and that Quick is a friend of Sergio Ruiz.
On November 8, 2002, Gomez entered a guilty plea in juvenile court. The transcript from Gomez's juvenile court proceeding was admitted as substantive evidence. Defense counsel did not object, stating that the transcript "meets the requirements of the statute." At the proceeding, Gomez identified "Daniel Bueno" as the individual who fired the shots from his car on September 25, 2002. Gomez told the juvenile court judge that he knew that defendant had a weapon. Gomez also told the judge that he pulled up to 502 North Butrick and turned off his headlights, knowing that defendant was going to discharge the weapon. At defendant's trial, however, Gomez testified that he had never met defendant. Gomez testified that he lied to the juvenile court judge when he identified defendant as the shooter. Gomez testified that, while in custody at the juvenile detention center, he learned about defendant from reading statements written by other individuals involved in the shooting. However, when presented with the statements he read from these individuals, Gomez admitted that none of them reference defendant's given name.
On cross-examination, Gomez reiterated that defendant was not in his car on September 25, 2002. Moreover, Gomez denied that he was the individual who drove the car involved in the shooting. Gomez also denied that any of the nicknames referenced in his written statement to the police belonged to defendant....
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