People v. Macias

• Decision Date: 16 February 2007
• Docket Number: No. 1-04-3743.,1-04-3743.
• Parties: The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Juan MACIAS, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

863 N.E.2d 776

309 Ill.Dec. 144

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Juan MACIAS, Defendant-Appellant.

No. 1-04-3743.

Appellate Court of Illinois, First District, Fifth Division.

February 16, 2007.

Rehearing Denied March 12, 2007.

Office of the State Appellate Defender, Chicago (Douglas R. Hoff, of counsel), for Defendant-Appellant.

State's Attorneys, Cook County, Chicago (James E. Fitzgerald, Peter Fischer, Kathleen Warnick, of counsel), for Plaintiff-Appellee.

Presiding Justice SHEILA M. O'BRIENdelivered the opinion of the court:

Defendant, Juan Macias, appeals his conviction for first degree murder and his aggregate sentence of 42 years' imprisonment. On appeal, defendant contends that: (1) the trial court erred during voir dire by failing to sua sponte question the jurors to determine whether they were biased against street gangs; (2) the trial court erred by denying defendant's motion to suppress; (3) the prosecutor made improper remarks during closing arguments; (4) the trial court erred by adding 15 years to defendant's sentence pursuant to section 5-8-1(a)(1)(d)(i) of the Unified Code of Corrections (730 ILCS 5/5-8-1(a)(1)(d)(i) (West Supp.2001)); and (5) the cause must be remanded for a new hearing pursuant to Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), because the trial court failed to make findings of fact following the prosecutor's race-neutral explanations for excusing two Hispanic jurors. We affirm.

The State charged defendant with two counts of first degree murder arising from the shooting death of Hector Chavez on September 12, 2001. Prior to trial, defendant filed a motion to suppress his statement to police. At the hearing on the motion, defendant testified that he was arrested in connection with the shooting on September 14, 2001, and taken to the police station. He was 18 years old when arrested. The officers placed him in a small interrogation room which had neither a toilet nor a cot. Hours later, a detective came to talk with him. The detective did not read defendant his Miranda rights. Defendant asked to call his parents and to talk to an attorney, but the detective told him that he could not have an attorney and could not make any calls. Defendant later talked to Detective John Henry for about five minutes. Defendant told Detective Henry that he did not know anything about the shooting. Detective Henry then left defendant alone for several hours. Defendant slept fitfully on the floor.

Defendant testified that he later talked to another plainclothes police officer, whose name he did not remember. Defendant did not tell the officer anything. The police officer questioned him seven to eight times during his detention. Between interrogations, defendant stayed in the interview room and no one checked up on him. On the afternoon of September 15, another detainee gave him a Big Mac. The police let him use the restroom occasionally. Defendant was not fed at all on September 16. On September 17, the police gave him an Egg McMuffin, a bologna sandwich and a soda.

Defendant testified that an assistant State's Attorney interrogated him, and eventually he made a videotaped statement, in which he stated that he had been treated "all right." Detective Henry told him that if he made a statement, he would be given food and allowed to go home.

Detective Henry testified that defendant was arrested at 6 p.m. on September 14. Detective Henry talked to defendant in the interview room at 11:45 p.m. Defendant was not handcuffed, and he agreed to waive his Miranda rights before talking. They talked for about 15 minutes, and defendant did not incriminate himself in the shooting. Detective Henry then left.

Detective Henry testified that at about 5 p.m. on September 15, he spoke with defendant again in the interview room. Detective Henry gave defendant his Miranda warnings and confronted him with codefendants' statements, but defendant made no incriminatory statement. Detective Henry spoke with defendant at 5 p.m. on September 16, but defendant again did not incriminate himself in the shooting.

Detective Henry testified that, while he was working on the case, defendant was allowed to sleep and use the restroom. Detective Henry did not see anyone coerce defendant, deprive him of sleep, or tell him that he could go home if he made a statement. Defendant never requested to call his parents or a lawyer.

Detective Girardi testified that he and Detective Rolston spoke with defendant at about 3 a.m. on September 17. They read him his Miranda rights and told him what codefendants Christopher Kuhar and Sergio Jimenez had said about the shooting. Defendant made an inculpatory statement. The detectives left the room and called for an assistant State's Attorney from the felony review unit.

Assistant State's Attorney Megan Goldish testified that she spoke with defendant at 7:30 a.m. on September 17. She asked defendant how he had been treated, and he told her that he had been treated fine and had been given food and allowed to use the bathroom. ASA Goldish spoke with defendant for about 45 minutes, during which he made an inculpatory statement. Defendant then agreed to make a videotaped statement. The statement was recorded at 10:48 a.m. The court viewed the opening portion of the videotape, in which defendant stated that he had been treated "all right." The court then denied defendant's motion to suppress.

At trial, Saul Jimenez testified that Javier Garza, a member of the Latin Souls street gang, was shot to death on September 7, 2001. On September 12, Saul went to Garza's funeral, where he saw numerous Latin Souls, including defendant, Sergio Jimenez, and Christopher Kuhar. After the funeral, Saul went to Garza's mother's house. He drove with Kuhar, Sergio, and another Latin Soul named D.K.

Saul testified that he eventually left with Sergio, Kuhar, D.K., and a girl named Nicole. They took Kuhar's car and drove to an alley at 48th and Paulina. There were about 10 Latin Souls, including defendant, talking in the alley. Since Saul was not a member of the Latin Souls, he was excluded from the conversation, and so he stood about 30 feet away and talked to Nicole. He could not hear what the Latin Souls were talking about.

Saul testified that the group broke up, after which Sergio, Saul, D.K., and Kuhar all got into Kuhar's car. Defendant remained behind. Sergio had a gun in his waistband, but Saul did not know where he had gotten it from. Kuhar drove and Sergio sat in the front passenger seat. Saul sat behind Sergio and next to D.K. They drove to 48th and Bishop, territory which belonged to the LaRazas street gang. LaRaza was a rival gang of the Latin Souls. As they drove south on Bishop, Sergio told him to get his head down, and Saul heard eight or nine gunshots. Then they drove off and went back to the alley, where they scattered.

Maria Chavez testified that on September 12, 2001, she lived at 4738 South Bishop. Her 19-year-old son, Hector, lived with her. At about 6 p.m., Hector went outside. Maria was on the phone when she heard gunshots. She went outside and saw that Hector had been shot. Hector was taken to the hospital, where he died. An autopsy revealed that the cause of death was multiple gunshot wounds.

Officer Thomas Finnegan testified that on September 12, 2001, he responded to a call regarding the shooting. At the scene, he received a description of the suspects and their car. About an hour later, he conducted a field interview of Kuhar, who appeared nervous and evasive. Some of the other investigating officers found Kuhar's car in a nearby alley and alerted Officer Finnegan, who arrested Kuhar and took him to the police station for questioning.

Officer Finnegan testified that on September 14, he talked with Detective Holmes, who informed him that detectives had interviewed Kuhar, Sergio, and Saul. Based on this conversation, Officer Finnegan went looking for defendant. Officer Finnegan went to 4922 S. Hermitage and talked to defendant's mother, who let him in the house.

Officer Finnegan testified that he spoke with defendant about a handgun. Defendant called over a Hispanic male and spoke to him in Spanish. The Hispanic male retrieved a bag containing a handgun. Officer Finnegan and defendant went to the police station, where Officer Finnegan determined that the gun was a .32-caliber automatic pistol. He informed defendant that the gun involved in the shooting was a 9 millimeter. They went to defendant's house, and defendant had the unidentified Hispanic male bring out another gun. Officer Finnegan and defendant returned to the police station, where defendant was placed under arrest.

Forensic investigators recovered several spent 9-millimeter cartridge cases and bullets from the scene of the shooting. Tests showed that the cartridge cases and bullets had been fired by the gun supplied by defendant.

ASA Megan Goldish testified substantially similar to her testimony at the hearing on the motion to suppress. She interviewed defendant at the police station on September 17, and he agreed to make a videotaped statement.

In his statement, defendant said that he was 19 years old and still lived with his parents. He recounted his membership in the Latin Souls, described their territory and that of their rival gangs, the Latin Saints and LaRazas. Defendant recounted the events of September 12, 2001, including his attendance at the Garza funeral. He said that he thought Garza had been shot by LaRazas. Defendant returned to his house to get the 9-millimeter handgun and put it under the hood of Kuhar's car. After the funeral, defendant and his friends went to Garza's mother's house, then to an alley by defendant's house. While they were in the alley, defendant told Sergio, D.K., and Kuhar to "light up" some LaRazas, meaning to shoot at them. He told them to go to 47th and Bishop, which was within LaRaza territory about six blocks away. Sergio had...