People v. Chavez
| Decision Date | 03 February 1992 |
| Docket Number | Nos. 1-89-1791,1-89-1792,s. 1-89-1791 |
| Parties | , 169 Ill.Dec. 582 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Anthony CHAVEZ and Dean Chavez, Defendants-Appellants. First District, First Division |
| Court | United States Appellate Court of Illinois |
Julius Lucius Echeles, Chicago, for defendant-appellant Dean Chavez.
Jack O'Malley, State's Atty. (Renee Goldfarb and David Stabrawa, Asst. State's Attys., of counsel), for appellee.
MODIFIED ON DENIAL OF REHEARING
This is a consolidated appeal. Defendants Anthony Chavez, 1 Dean Chavez, Edward Manzo, Ralph Gabriel and James On appeal, Defendant, Dean Chavez, individually, contends that: (1) the trial court erred in denying his motion to quash arrest and suppress his oral statement because the arrest was not based on probable cause. Dean and Anthony Chavez each contend that: (2) The evidence at trial was insufficient to support convictions of second degree murder; (3) defendants' sentences of 27 years are excessive where a co-defendant who was no less culpable was convicted by a jury and sentenced to ten years; (4) an extended term sentence is unconstitutional and contrary to the laws of the State of Illinois; and (5) a 27 year sentence violates the eighth amendment of the United States Constitution. For the following reasons, the judgment of the trial court is affirmed.
[169 Ill.Dec. 586] Kennedy were charged by indictment with the murder of John Mathews, a Chicago Police Officer. Following a bench trial, Anthony and Dean Chavez (brothers) were found guilty of second degree murder (Ill.Rev.Stat.1987, ch. 38, par. 9-2(d)), and each sentenced to extended prison terms of 27 years. Gabriel was sentenced to 10 years after being convicted in a separate jury trial and Kennedy pleaded guilty to murder and received a 20 year sentence. Manzo had not yet been tried as of the date of this appeal. Ralph Gabriel and James Kennedy are not parties to this appeal.
Prior to trial, defendant Dean Chavez moved to quash his arrest and suppress his arrest statements. Annette Miller testified that she lived at 13106 South Burley Avenue in Chicago with her daughters Susan and Debra. Dean was her daughter Susan's boyfriend and on occasion shared Susan's bedroom. Dean had his own key to her house. On Friday, May 20, 1988, approximately 10 p.m. or 11 p.m. she fell asleep on the living room couch. She was awakened by the doorbell and pounding on the front window at approximately 3:45 a.m. She saw a man holding a police badge up to her window, but did not see anyone in uniform. She opened the door for the detectives and one of them asked where Susan's room was. She took the Officer to Susan's bedroom door.
Mrs. Miller knocked on the door and told Susan to open the door. When Susan did not answer, the police started pounding and banging on the bedroom door. Then Debra came out and pounded on the door and told Susan to open the door. Susan opened the door, and Mrs. Miller could see into the room and that Dean was in bed covered up. Mrs. Miller said that the officers told her that there was a party at the Lake, and that somebody is dead, but that it was "probably over drugs and it's nothing to worry about."
On cross examination, Mrs. Miller stated that Dean did not pay rent for staying in her home and did not get mail there. Mrs. Miller cleaned her daughter's room.
Susan Miller testified that on May 20 she came home at 11:30 p.m. and went straight to bed. Dean was not there when she got home, and she did not know he was there until 3:45 a.m. when she heard pounding on the door. She opened the door and a police officer asked who was in the bed. Susan said "my boyfriend, Dean Chavez." She stated that the officers took Dean out in handcuffs.
Frank DeMarco, a Chicago Police Department evidence technician, testified that on May 21, he investigated a homicide at 13029 South Avenue M at 2 a.m. He saw that Mathews had been brutally beaten about his head, face and body, and found brain matter and pieces of skull on the ground in a pool of blood 30 feet west of Mathews. He also saw a large piece of concrete and a bloody brick. He took a footwear impression and later made a plaster cast of a gym shoe footprint. There were numerous footwear impressions.
At the scene, DeMarco saw a damaged, yellow Oldsmobile, license number DVG 864, about 50 feet from Mathews' body and a bloody baseball bat near the rear fender. About 50 to 100 feet away he saw a gray Oldsmobile license number AMK 270.
Next, Officer Daniel McWeeny testified that on the night of May 21 he went to the scene and saw a damaged, yellow Oldsmobile Cutlass, and a baseball bat floating in the lake. The car registered to Daniel Chavez. Mathews' body was 10-15 feet from the car.
At 2:30 a.m. while McWeeny was canvassing the neighborhood, he encountered Amy Scalone and Jennifer Nelson. Nelson told him that she and her friends had been at a party at Wolf Lake and that the car they were investigating belonged to Anthony Chavez. She identified the second car in the area as belonging to Dean Chavez. She viewed Mathews' body and said that he was much smaller than either of the Chavez brothers.
Officer McWeeny asked Nelson if she knew Dean and Anthonys' whereabouts. She did not know where Anthony was, but said that Dean would probably be at his girl friend's home at 13106 South Burley.
Officer McWeeny and four other detectives went to 13106 South Burley approximately 3:45 a.m. and knocked on the door. Mrs. Miller opened the door and asked McWeeny to identify himself. He did so, told her about the incident at the Lake, and said that he wanted to speak with her daughter, Susan Miller. Mrs. Miller said "Why don't you come in," and he and Sergeant Manos entered the home.
Mrs. Miller went to Susan's room and tried to open the door, but found it locked. She knocked on the door and there was no response. Then a younger woman appeared and began knocking on the door. When there was no response, Officer McWeeny said "Why don't you let me try," and knocked on the door. Susan finally opened the door. She had a sheet wrapped around her.
Officer McWeeny asked Susan about Dean Chavez. He noticed a figure wrapped entirely in blankets curled up on the bed up against the wall. He asked Susan if the figure was Dean and she glanced over toward the bed but said nothing. Officer McWeeny saw the covers moving and said He stepped into the bedroom and turned on the light. Dean got up and stood on the bed and Officer McWeeny noticed a large, fresh wound on Dean's leg. Then Dean got off the bed and backed away from the Officer. As Officer McWeeny approached Dean, he picked up Dean's pants from the floor to hand to Dean and noticed they were ripped and stained with mud and blood. He saw muddy gym shoes lying next to the pants.
When Officer McWeeny asked Dean what happened at Wolf Lake Dean turned away from him. Officer McWeeny handcuffed Dean and took him to police headquarters, where he removed the handcuffs and read Dean his Miranda rights. Dean stated that he understood his rights. Officer McWeeny told Dean he knew he had been out earlier with his brother Tony and Ed Manzo. Dean did not ask to speak to a lawyer nor to make any telephone calls.
Officer McWeeny further testified that approximately 6:30 a.m., May 21, he learned that the victim was a police officer. At 8 a.m. he again spoke with Dean at the police station. He reminded Dean of his Miranda rights and Dean stated that he remembered them. Dean did not state that he wanted to speak to a lawyer or family members. Officer McWeeny talked to Dean for about 45 minutes.
At 9:15 a.m. Officer McWeeny called the State's Attorney's Office. Assistant Joan O'Brien came to police headquarters and interviewed Dean. McWeeny and a court reporter were present when Dean gave a statement to O'Brien which concluded at 12:17 p.m.
Following argument, the trial court denied Dean's motion to quash arrest and granted Dean's motion to suppress as to the written statement taken by the court reporter in the presence of Officer McWeeny and Assistant State's Attorney O'Brien. The court granted defendants' motion for severance from the trials of Ralph Gabriel, Edward Manzo and James Kennedy and defendants waived jury requests.
At trial, John Thibault, a Chicago Police detective, testified on behalf of the State that he lived at 13107 Avenue M, one half block south of Wolf Lake, across the street from Mathews. At 11:30 p.m. on May 20 he saw Mathews on his front porch and waved to him. He told Mathews he was going to work in 20 minutes and would be investigating a disturbance. Mathews said "does this type of thing happen here all the time" and asked Thibault if he needed help investigating the disturbance. Mathews was wearing a short sleeved blue shirt and jeans.
Next, Richard Mierniczak, a Chicago Police detective, testified that at 11:46 p.m. on May 20 he received a call to investigate a disturbance involving teens and drag racing at 130 Street and Avenue M. He and his partner, Officer Jeannie Hernandez, went to the site of the disturbance, a wooded area adjacent to Wolf Lake. Mierniczak stopped a black Pontiac that was speeding out of the woods. While he was talking to the occupants he saw Mathews walking on the sidewalk. At that time Mathews was wearing a multi-colored flannel shirt and jeans. Mathews asked Mierniczak if he needed any help, and Mierniczak sad "no thank you, we're okay." As Mierniczak was leaving the area, he saw a yellow Oldsmobile and a gray Oldsmobile parked on a dirt access road that lead out of the area.
Approximately 12:45 a.m., Mierniczak and Hernandez returned to the Wolf Lake area. At...
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