People v. Figueroa

• Decision Date: 28 March 2008
• Docket Number: No. 1-05-2805.,1-05-2805.
• Citation: 886 N.E.2d 455,381 Ill.App.3d 828
• Parties: The PEOPLE of The State of Illinois, Plaintiff-Appellee, v. Miguel FIGUEROA, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

886 N.E.2d 455

381 Ill.App.3d 828

The PEOPLE of The State of Illinois, Plaintiff-Appellee, v. Miguel FIGUEROA, Defendant-Appellant.

No. 1-05-2805.

Appellate Court of Illinois, First District, Fifth Division.

March 28, 2008.

Michael J. Pelletier, Deputy Defender, Maria A. Harrigan, Assistant Appellate

Defender, Office of the State Appellate Defender, Chicago, IL, for Appellant.

Richard A. Devine, State's Attorney, James E. Fitzgerald, Ashley Romito, Michelle Katz, Ljubica D. Popovic, Assistant State's Attorneys, Office of the Illinois State's Attorney, Chicago, IL, for Appellee.

Presiding Justice FITZGERALD SMITH delivered the opinion of the court:

Following a jury trial, defendant Miguel Figueroa was convicted of two counts of first degree murder (felony murder and knowing and intentional murder) and sentenced to 45 years in prison. He appeals, contending that: (1) his conviction for felony murder and his conviction for knowing and intentional murder were both erroneous; (2) the trial court erred in barring evidence of the character of two people in support of his claim of self-defense; and (3) the State's rebuttal closing argument was improper in several aspects, causing him substantial prejudice. Defendant asks that we vacate and/or reverse his convictions and remand for a new trial. For the following reasons, we affirm.

BACKGROUND

The following evidence was established during trial.

At approximately 6 p.m. on July 19, 2000, shortly after playing baseball with his younger brother, 12-year-old Miguel De La Rosa was shot in the chest by a stray bullet from a .380 semiautomatic gun and was killed while on the street in the Humbolt Park area of Chicago.

Nick Labellarte testified that on that date, he, Lonnie Gambill and defendant, all members of the Spanish Cobras street gang, were at defendant's grandmother's house for a barbeque. At about 6 p.m., Labellarte and defendant, whose nickname is Mousey, left the barbeque and walked down the street toward an area controlled by the rival Latin Kings street gang. As they approached, they saw Charles Ellison, a member of the Latin Kings, standing on his porch with his girlfriend. Labellarte testified that defendant and Ellison exchanged words and both threw down the other's gang sign, a form of disrespect. Labellarte and defendant then began walking back toward defendant's grandmother's house, where they met Gambill on the street. Another member of their gang, Manuel Coronado, pulled up to the group soon after in his beige Bonneville car. Labellarte, Gambill and defendant got into Coronado's car so they could go smoke some marijuana.

Labellarte further testified that when they got in the car, they saw Ellison in his car, a black Delta. Labellarte stated that as they began to drive away, Ellison saw them and started chasing them in his car, and then a beige van joined the chase. The van was driven by Wilson Torres, a member of Ellison's gang. Labellarte testified that as the chase continued through the surrounding neighborhoods, he saw defendant, who was in the front passenger seat of Coronado's car, stand up through the car's sunroof and shoot a gun at Ellison's car and the van behind them. Labellarte stated that while he did not know at the time that defendant had a gun, he immediately recognized it as the .380 semiautomatic that belonged to their gang. He further stated that defendant fired the gun four times, that neither he (Labellarte) nor anyone else in Coronado's car encouraged defendant to do so, that he never heard any shots fired at them from Ellison's car or Torres' van, and that he was scared during the chase.

Coronado testified that he was driving his Bonneville after work when he saw defendant, Gambill and Labellarte on the street. They all decided to get into Coronado's car to go smoke some marijuana together. Coronado, who entered the Marines shortly after this incident and was a sergeant at time of trial, stated that as soon as they all got into his car and started driving away, they were chased by a Delta and a van. He averred that he saw people in the Delta and the van displaying Latin King gang signs, but that no one in his car responded. Coronado noted that there was a police station nearby, but he did not drive to it. He further testified that suddenly, without any encouragement from anyone in his car, defendant pulled out a gun, stood up through the sunroof of the car, and began shooting at the Delta and the van. Coronado stated that he did not know defendant was armed or that he was going to shoot at anyone; immediately after defendant shot the gun, Coronado asked him "what the f-ck" he thought he was doing. Coronado further stated that while he was scared during the chase, he was always certain he could outmaneuver Ellison and Torres during the chase to get away.

Prior to the testimony of Charles Ellison, the parties discussed with the court defendant's desire, in support of his affirmative defense of self-defense, to examine Ellison regarding two prior crimes for which Ellison was charged: a murder case in which he was found not guilty and another murder case which was dismissed before trial. Defendant argued that he was not introducing this evidence to impeach Ellison but rather to "explain [his own] fear and explain why he acted the way he did." The court disagreed, stating that if defendant took the stand, he could testify regarding his state of mind, and if that occurred, then he could recall Ellison.

Accordingly, Ellison testified that he was standing on a porch with his girlfriend when he saw defendant and Labellarte approaching his parked Delta and throwing gang signs. Ellison and defendant exchanged words, but Ellison pointed out there were children in the area including his own and thus went inside the house. Ellison also let his pit bull loose in his yard, at which point defendant and Labellarte left the area. Ellison stated that he then got in his Delta and his friend Torres pulled up in his beige van, and they started driving. Soon after, a beige Bonneville pulled up next to them with its occupants disrespecting the Latin Kings gang sign, and a chase ensued. Ellison further stated that at one point, he believed someone in the Bonneville threw a bottle at his car; he pulled over for a moment, and the van took the lead in chasing the Bonneville. He then saw defendant pop up through the sunroof and heard gunshots. Ellison did not see defendant fire a weapon, as the van was in front of his Delta blocking his view at times. Ellison stated that there were no weapons in his car or in the van and he never mentioned having any weapons to defendant at any time that day.

Following Ellison's testimony, defendant sought to make an offer of proof, again in support of his theory of self-defense, to show that Ellison and Torres had reputations for violence and, thus, were the initial aggressors in this incident. The court again stated that defendant could "bring out all of the incidences of violence" he wished "if [defendant] takes the stand and tells what was in his frame of mind." However, the court allowed defendant to make his offer of proof outside the presence of the jury for the record. Christine Crandall, who worked for the local Community Alternative Policing Strategy (CAPS) program, testified that on June 22, 2001, she was getting into a car when Torres and another man approached her. Crandall stated that Torres told her she needed to "stop calling the police or else." Elizabeth Candelaria testified that on June 12, 2001, she confronted Torres and another young man as they were trying to open a fire hydrant. Candelaria stated that Torres told the other man to hit her with the tool they were using, and that Torres later laughed at her and showed her a gun, telling her it was for her and that he was going to kill her.

Several other witnesses testified at trial. Elizabeth Kirkland testified that she was outside with a group of friends on the street when she saw a car carrying Coronado, Labellarte, Gambill and defendant (all of whom she knew) coming down the street and throwing rival Latin King gang signs. She saw defendant with a gun. Kirkland stated that Coronado's car stopped and defendant exchanged words with Ellison; she did not see anyone in Ellison's car or the van throw any gang signs or display any weapons. Ellison's car and the van chased Coronado's car, and when they turned a corner, Kirkland heard gunshots.

Angel Lopez, the victim's younger brother and 11 years old at the time of the incident, testified that he and Miguel were playing baseball outside when he saw a beige car speed down the street with a Hispanic man standing up through the sunroof holding a pistol. The man started shooting at a beige van and a black car that were following. Angel stated that he then saw his brother fall to the ground with blood coming from his chest. Juan Lopez, the victim's older brother and 14 years old at the time of the incident, testified that he was in a van with David Brecheisen, his local youth-program counselor, at about 6 p.m. when he saw his brothers Miguel and Angel playing on the street. Juan and David were stopped at a red light when Juan saw three vehicles — a beige car followed by a black car and a van-turn in front of them and speed away; he also heard gunshots. When Juan arrived at David's house, he went inside and placed a 911 call to report the reckless driving. He then went back outside and saw his brother Miguel lying on the ground. Brecheisen corroborated much of Juan's testimony, stating that a beige car followed by a van pulled out right in front of his vehicle at an intersection and sped away. Brecheisen continued to his home, dropped Juan off and then drove down the street where a crowd of people had begun to gather. He saw Miguel on the ground.

Finally, a videotaped statement given by defendant to police in the days following Miguel's death was played for the jury. In the statement, defendant adm...