People v. Gonzalez, 1-88-0904

• Decision Date: 06 November 1992
• Docket Number: No. 1-88-0904,1-88-0904
• Parties: , 179 Ill.Dec. 472 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Roger GONZALEZ, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

Page 304

606 N.E.2d 304

238 Ill.App.3d 303, 179 Ill.Dec. 472

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Roger GONZALEZ, Defendant-Appellant.

No. 1-88-0904.

Appellate Court of Illinois First District, Fifth Division.

Nov. 6, 1992.

Michael J. Pelletier, Deputy Defender, Gordon H. Berry, Asst. Appellate Defender, Office of State Appellate Defender, Chicago, for defendant-appellant.

Jack O'Malley, State's Atty., Renee Goldfarb, Veronica X. Caldron, Michelle R. Martone, Asst. State's Attys., of counsel, Chicago, for plaintiff-appellee.

Justice MURRAY delivered the opinion of the court:

Defendant, Roger Gonzalez (Gonzalez), was convicted of murder and attempted murder after a jury trial and was sentenced to 40 years in the Illinois Department of Corrections.

The record reveals that Gonzalez, was charged along with Pedro Rodriguez and Orlando Rosa. Gonzalez was charged with one count of murder and one count of attempted murder. The trial court granted motions for severance, and Gonzalez was tried separately from Rosa and Rodriguez. After a jury trial defendant was found guilty of murder and attempted murder. Gonzalez was sentenced to a 40-year term for murder in the Illinois Department of Corrections and to a concurrent 20-year term for attempted murder.

The evidence at trial established the following:

Reni Aquinoza testified that on August 9, 1985, at approximately 9:30 p.m., he was in his backyard with his brother, Jaime Aquinoza, and his friend Isidoro Perez. At the time, Reni had known Isidoro Perez for about two years.

At approximately 12:30 a.m. on August 10, 1985, they were still sitting in the yard when Reni heard "G.D." being yelled from the south end of the alley. Reni knew that "G.D." meant Spanish Gangster Disciples. The Gangster Disciples are a street gang on the southeast side of Chicago from 87th and Houston Streets. Reni testified that at the same time from the north end of the alley, he heard "Latin Kings" being yelled. He stated that the Latin Kings are a street gang from 89th and Muskegon Streets.

Reni testified that when he heard these two gangs yelling, he believed that something would happen because the Gangster Disciples and the Latin Kings were rival gangs and when they yell their signs it means an altercation is about to occur. Reni saw a group of Latin Kings run towards the south end of the alley. Reni, Jaime, and Isidoro, left the backyard and walked down the alley. They saw the gang members turning into a different alley so the three turned around to go back to the yard. They did not see anyone else around.

Reni stopped to urinate while Jaime and Isidoro kept walking back to the yard. At that point, Reni saw three figures jump out of a gangway next to a garage, they yelled "G.D." and started firing. The three figures were about 15 feet from Isidoro and Jaime when they were firing. Reni was about 50 feet from the figures. The three figures were standing in front of Isidoro and Jaime when the shots were fired. As soon as the shots were fired, Isidoro and Jaime turned and started running towards Reni to the south end of the alley. Jaime told Reni that he was hit. Reni said that he did not see what happened to Isidoro. Isidoro never came out of the alley. Reni heard two shots fired. He said that he got a glimpse of the three persons that fired the shots but that he could not see them too clearly. After running out of the alley Reni and Jaime headed towards a friend's house to call an ambulance for Isidoro. However, their other brother, Manual Aquinoza, drove by and took Reni and Jaime to South Chicago Hospital.

While at the hospital, police officers came to speak with Reni and Jaime. Reni testified that the Gangster Disciples and the Latin Kings were not the only street gangs in his neighborhood. He believed a lot of young people are in street gangs in his neighborhood. In August 1985 Reni had been a member of the Latin Kings for about two years, however, he was no longer a member. Reni further testified that as they sat in his backyard that evening neither he, Jaime nor Isidoro had any guns or weapons with them. The only reason that the three of them left the yard that night was to see what was happening.

On cross-examination, Reni testified that before 9:30 p.m. on August 9, 1985, he was at Bessmer Park which is the park in front of his house. Reni was at the park with a couple of friends who were also members of the Latin Kings. Neither Jaime nor Isidoro were present at the park. Reni testified he was not drinking while he was at the park and that the first beer he had that evening was at 9:40 p.m. in the backyard with Jaime and Isidoro. He testified that he only had two beers that night and to his knowledge, Jaime and Isidoro had not been drinking before 9:40 p.m.

Jaime Aquinoza testified that on August 9 and 10, 1985, he was at 8935 South Muskegon Street. He was there drinking with his brother Reni and his friend Isidoro. At the time he had known Isidoro for five years. At approximately 12:30 a.m., he heard a commotion. The three men got up to see what it was all about. The three men ran down the alley to see the source of the commotion. They went to the end of the gate and stepped out into the alley to see what was happening. When they got to the end of the alley, they saw a group of people turn down another alley, so they turned around and started to walk back to his house. Jaime said that Reni stopped to urinate while he and Isidoro kept walking down the alley. After walking about 75 feet down the alley, he got to a garage. From there he saw "three guys coming out." Jaime and Isidoro were 15 feet away from the men. When the three men came out of the gangway they shouted "gang stuff" and "they pulled out a gun and started shooting."

Jaime identified the defendant as one of the three men who jumped out of the gangway. He testified that he had seen defendant around the neighborhood for about three or four years and knew defendant by the name "Puerto Rican Roger." Jaime said that when Gonzalez jumped out of the gangway with the other two men, he had a gun in his hand. As defendant fired the gun, Jaime ran and then felt pain in his left thigh. Jaime ran towards the southeast end of the alley towards Reni. Eventually, Jaime was taken to South Chicago Hospital by another brother.

While at the hospital, Jaime spoke to Chicago police officers Moran and Garcia. Jaime told these officers that he was shot by "Puerto Rican Roger," which was the name he knew Gonzalez by. He described "Puerto Rican Roger" as 5'9"', about 145 pounds, 23- or 24-years old with brown eyes, brown hair, medium complexion and a scar on his nose. The officers left after Jaime told them that he was shot by Puerto Rican Roger. Later, some detectives came to the hospital. They showed Jaime some pictures. Jaime was asked to look at the photographs to see if he could identify anyone. He testified that he picked out a picture of "Puerto Rican Roger" and told the detectives that he was one of the men that jumped out of the gangway. He also identified pictures of the other men, Orlando Rosa and Pedro Rodriguez.

Jaime testified that neither he, Isidoro, nor Reni had any guns or weapons with them on August 9 or 10, 1985. They did not want to get into a fight that night. He heard a commotion. He heard yelling but was not exactly sure of the time it started. Gang slogans were being yelled.

On cross-examination, Jaime testified that he, Reni and Isidoro were at his house at about 7 p.m. Just prior to 7 p.m. Jaime and Isidoro went to the liquor store and purchased a 12-pack of beer. Jaime had his first beer at about 7:15 on the evening of August 9, 1985. He was not exactly sure of the time the yelling started. Jaime testified that when defendant jumped out, he and Isidoro were about 15 feet from defendant. Jaime testified that he suffers from bronchial asthma. At times it is difficult to breath. However, he was able to run to the corner and down 90th Street. He was not wheezing when he got there.

On redirect examination, Jaime testified that he knew defendant the best out of all three of the men who jumped out of the gangway, that he knew defendant for a number of years, defendant was the one he knew by name, and that defendant is the one who shot him. Jaime testified that he used to be a Latin King and that he was a Latin King at the time he was shot.

Ramon Gavina testified, under subpoena, for the State. Gavina testified that in August 1985 he was a member of the Spanish Gangster Disciples. The Spanish Gangster Disciples and the Latin Kings were enemies. On August 9, 1985, Gavina was playing basketball and needed a ride home. He saw a green van pass by him. He recognized some of the guys that were in the van so he took a ride with them. There were about 10 people in the van who were Spanish Gangster Disciples. On August 9, 1989, he knew a man named Roger Gonzalez. He knew Gonzalez as Puerto Rican Roger. Gavina identified Gonzalez in court. Gonzalez was among the people in the van. Gavina further testified that Orlando Rosa and Pedro Rodriguez were also in the van. Orlando Rosa, Pedro Rodriguez and Gonzalez were all Spanish Gangster Disciples.

Gavina testified that they drove to the park to look for Latin Kings to fight. When they saw a Latin King, everybody including Rosa, Rodriguez and Gonzalez got out of the van to chase the Latin King. The Latin King got away so they all got back into the van and drove towards 90th and Escanaba, which is Latin King territory. When they arrived at 90th and Escanaba everybody got out of the van, including Gonzalez, Orlando Rosa and Pedro Rodriguez. Gavina said that those three split off from the group and walked towards Muskegon Street. The rest of the group were confronted in an alley by Latin Kings. He testified that they were outnumbered by about 20. Both sides were hollering gang slogans at each other. Then, the Gangster Disciples were chased...