People v. Estrada
| Decision Date | 11 February 1993 |
| Docket Number | No. 1-91-1529,1-91-1529 |
| Citation | 243 Ill.App.3d 177,611 N.E.2d 1063 |
| Parties | , 183 Ill.Dec. 415 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. David ESTRADA, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Daniel T. Coyne, Geary W. Kull, Chicago, for defendant-appellant.
Jack O'Malley, State's Atty. (Renee Goldfarb, Kenneth T. McCurry, Barbara L. Jones, Asst. State's Attys., of counsel), Chicago, for plaintiff-appellee.
In a bench trial, defendant David Estrada (Estrada), was found guilty of first-degree murder on a theory of accountability and was sentenced to 20 years' imprisonment. He appeals his conviction principally on the following theories: (1) that the trial court misconstrued the law of accountability, (2) that Estrada was not found guilty beyond a reasonable doubt, and (3) that the trial court improperly considered the statement of a codefendant whose trial had been severed from Estrada's trial. We note that Estrada has been free on bond pending this appeal.
The facts are as follows:
In February 1991 codefendants Gerardo Degollado (Degollado), Juan Portillo (Portillo) and Estrada came before the trial court on charges of murder in the first degree in conjunction with the shooting death of Jesus Sanchez on the evening of November 17, 1989. Each of the defendants waived their right to a jury trial and were tried by the judge in simultaneous but severed trials.
At trial Mario Martinez Alvarado (Martinez), who spoke only Spanish, testified through an interpreter. According to his testimony, on November 17, 1989, he lived in the vicinity of Karlov and 24th Place in the City of Chicago. At about 7 p.m. he met "Flacko," a friend whom he had known for about three months. They planned to go to a party that was to be held near 25th and Trumbull. "Flacko" was identified in court as Degollado.
Sometime later that evening, as Martinez and Degollado were on the street near 26th and Trumbull, they saw "Dagger," whom Martinez had met only once before. Dagger was driving a blue Buick, 4-door car. Martinez and Degollado got into the car and began to ride around the neighborhood. Dagger was identified in court as Portillo.
Portillo drove the car, Degollado sat in the front passenger-side seat and Martinez sat in the back, behind the driver. After about 1 1/2 to 2 hours of driving around, they met "Tiny," who was identified as Estrada. Estrada spoke with Portillo and then got into Portillo's vehicle and began to ride around with them. At some point a black vehicle pulled up alongside the Buick and the occupants of that car had a conversation with Estrada.
According to Martinez, as they rode around the area Portillo pulled out a gun. Martinez did not see where the gun had been or how Portillo had obtained the gun. Portillo aimed the gun at a person who was standing near a bus stop on 26th Street, but did not fire the gun at this time.
Martinez further testified that about five minutes later, Portillo pulled up in front of a building at Karlov and 24th Place, where a Hispanic male was standing. Portillo and Estrada began to shout at the person "something about gangs." Portillo then reached across Degollado, aimed the gun out the passenger-side window, and fired the gun twice. The Hispanic male bent over and ran. Estrada exited the car carrying a tire iron and proceeded to smash a window of the house where the Hispanic person had been standing. Estrada then got back into the car and they drove away.
Martinez stated that after the incident he and Degollado both asked to be taken home immediately. Portillo then drove him to his home.
Chicago police officer Frank Castro testified that a short time later, around midnight on the evening of November 17, 1989, he arrived at a residence located in the 4100 block of West 24th Place in Chicago in response to a radio broadcast indicating that a man had been shot. When he arrived at the scene paramedics were already present and removing Jesus Sanchez, the victim of gunshot wounds, from the premises. Castro secured the front of the residence where the shooting allegedly occurred and spoke with several witnesses at the scene. About 20 minutes later he left the area to go to the hospital.
Another Chicago police officer, J. Veraveic, testified that at about 2:15 a.m. on November 18, 1989, he was in the area of 2200 South Ridgeway when he was flagged down by a man. Based upon a conversation with this man, Veraveic called for backup and then took off after a person who could be seen running from the area. Chicago police officer Ramos appeared on the scene in response to the call. Veraveic caught the man who was running and arrested him. This man was later identified as Estrada.
Officer Ramos testified that he received a radio broadcast indicating that there was an aggravated assault with a gun in progress at 2200 South Ridgeway. He immediately arrived at the scene and spoke with a man, Ronald Jenkins, identified as the complainant. He saw Officer Veraveic apprehend Estrada and he (Ramos) recovered a .22 semi-automatic pistol approximately 75 feet from where Estrada was arrested. Ramos made an in-court identification of the gun that was recovered and testified that the gun had not contained any bullets when it was recovered.
The next evidence adduced at trial concerned statements given by the defendants. Portillo and Degollado had each given signed written statements to the police which were admitted into evidence. However, these statement were only to be considered in regard to their own cases since the trials were severed. 1 Detective Robert Browne of the Chicago police testified regarding the oral statements made by Estrada. Browne stated that he had interviewed Estrada at about 4:30 p.m. on November 18, 1989, while in the presence of Detective Vucko. At that time Estrada gave a statement in which he indicated that on the evening of November 17, 1989, he had been driving around with his cousin "Kado," Danny Cantu and Manuel Banda. He saw Jesus Perez and Thomas Tinius 2 in Perez's car. Perez had been in an accident and his bumper was entangled with another vehicle. Estrada took a jack out of Perez's car and freed Perez's bumper.
Portillo also pulled up to the scene in his car and Estrada got into the back passenger seat of Portillo's car. Cantu and Banda got into Perez's car. Degollado and a Spanish-speaking male (Martinez) were already in Portillo's car. Estrada stated that he knew that Degollado had a .22 semi-automatic gun.
As Estrada drove around in Portillo's car, he saw Perez again. Perez pulled his car up next to Portillo's car and they had a conversation. Both cars then drove to 24th and Karlov, where they saw two Hispanic males standing. Degollado reached out the window and "represented," i.e., made gang symbols for the Latin Kings. The two individuals on the street represented as Two-Sixers. Estrada then began to exit Portillo's car with the tire iron. As he exited the car he heard two shots. Estrada chased after one of the individuals, who ran up the stairs and into the vestibule. Estrada gave up the chase and broke a first-floor window of the building where the one individual entered. Estrada got back in Portillo's car and they drove off.
Detective Browne further testified that when questioning Estrada on the following day, in the presence of Assistant State's Attorney Ryan, Estrada admitted that the gun that had been recovered at the time of his arrest was one he had taken from Portillo's car and the same one that had been used in the shooting at 24th and Karlov. However, Estrada stated that he had been unaware that anyone had actually been shot on the evening of November 17th. Estrada also indicated that the gun had been hidden in Portillo's car inside the glovebox, behind the clock, and that Degollado had passed the gun to Portillo.
It was stipulated that Fournier, a crime lab technician, had run ballistics tests on the gun recovered from Estrada. He would testify that the tests, although not conclusive, indicated that the markings from the gun compared favorably with the markings on the bullet that was recovered from the victim, Jesus Sanchez.
Next it was stipulated that Dr. Kalelkar, a forensic pathologist, if called would testify that an autopsy was performed on Jesus Sanchez, a 16-year-old male. The autopsy revealed that Sanchez had died of a single gunshot wound to the upper abdomen which perforated the diaphragm, the right lower liver, the abdominal aorta and the left renal vein.
At the close of the State's evidence, each of the defendants moved for a directed verdict. The court granted the motion only as to Degollado. The court found that even if Degollado had passed the gun to Portillo, this had taken place several minutes before they reached the corner of 24th and Karlov. Degollado's only overt act at the time of the shooting was "signing" or "representing" with gang symbols. Thus the court found no nexus between Degollado's action of passing the gun and the shooting.
The trial court denied the motions for directed verdict as to Portillo and Estrada. After his motion for directed verdict was denied, Portillo rested without presenting any further evidence. The trial court then found Portillo guilty of murder in the first degree. Estrada, however, proceeded to present further evidence.
Defendant Estrada first presented evidence by way of stipulation. It was stipulated that Fournier, the crime lab technician, if called would testify that the .22 semi-automatic gun that was recovered at the time of Estrada's arrest was a "Jennings J" weapon and that between 10,000 and 100,000 of these weapons were "on the street." Next it was stipulated that Chicago police officer Galegos, if called would testify that he spoke with Martinez in Spanish and that Martinez had indicated that the shots were fired as Estrada was getting out of Portillo's...
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