People v. Quiroga

• Decision Date: 26 August 2015
• Docket Number: Nos. 1–12–2585,1–14–1289.,s. 1–12–2585
• Citation: 40 N.E.3d 369
• Parties: The PEOPLE of the State of Illinois, Plaintiff–Appellee, v. Jesus QUIROGA, Defendant–Appellant.
• Court: United States Appellate Court of Illinois

40 N.E.3d 369

The PEOPLE of the State of Illinois, Plaintiff–Appellee
v.
Jesus QUIROGA, Defendant–Appellant.

Nos. 1–12–2585
1–14–1289.

Appellate Court of Illinois, First District, Third Division.

Aug. 26, 2015.

40 N.E.3d 370

Michael J. Pelletier and Rachel Kindstrand, both of State Appellate Defender's Office, Chicago, for appellant.

Anita M. Alvarez, State's Attorney, Chicago (Alan J. Spellberg, Matthew Connors, and Justin James Ercoli, Assistant State's Attorneys, of counsel), for the People.

OPINION

Justice HYMAN delivered the judgment of the court, with opinion.

¶ 1 Defendant Jesus Quiroga served in various volunteer capacities, including on the Local School Council (LSC), at George Pullman Elementary School where two of his children attended. Weeks after a LSC meeting at which he wrangled with Pullman's principal over an incident involving his daughter, the school sent Quiroga a letter, which he may or may not have received, notifying him that he had to seek permission before entering school property. Pursuing his complaint with the principal, on the last day of school, Quiroga stood on the sidewalk and in the street in front of the school and solicited parents to sign a petition to remove the principal. Soon, the principal contacted police and Quiroga was arrested, charged, and later convicted in a bench trial, with criminal trespass to state-supported land.

¶ 2 On appeal, Quiroga contends the State did not carry its burden on two of the three elements of the offense of criminal trespass to state-supported land—that he interfered with a person's lawful use or enjoyment of the property or that he had received notice that his entry was forbidden. 720 ILCS 5/21–5(a) (West 2010). We reverse on the lack of evidence that Quiroga hindered or disrupted or obstructed anyone's use or enjoyment of the school property that day.

¶ 3 Background

¶ 4 At trial, the principal of George Pullman Elementary School, Felicia Sanders, testified that on April 27, 2011, she, Quiroga, other parents, and school officials attended a LSC meeting at the school. During the meeting, Quiroga started yelling and shouting profane and threatening statements and appeared to invite the chair of the LSC into a physical altercation. After the chair dismissed the meeting, Quiroga approached within six inches of Sanders, before two other members of the LSC stepped between them. The next day, Sanders drafted a violation of visitor protocol letter addressed to Quiroga that read, in part, “in light of your abusive behavior at the school, you may no longer enter the building or come onto the school

40 N.E.3d 371

grounds unless you first call the main office * * * to state the reason for your visit and to request permission to enter onto school property.” But Sanders did not mail the letter until weeks later, May 19, 2011, after checking with superiors and the legal department to make sure she complied with proper procedures.

¶ 5 Quiroga had two Chicago addresses on file with the school: 352 South Kensington Avenue and 9 West 115th Street. Sanders mailed two copies of the letter to Quiroga at each address, one via certified mail and one via regular mail. The post office returned both copies of the letter sent to the 352 South Kensington Avenue and the certified letter sent to 9 West 115th Street; only the letter sent by regular mail to 9 West 115th Street was not returned.

¶ 6 Sanders testified that on the morning of June 17, 2011, when school ended for the year, she was in the main office when, 20 minutes before dismissal, some parents came into the office and told her that someone outside was harassing them. She looked out a window in her office, and saw Quiroga walking back and forth approaching parents on the playground, on the sidewalk, and in their cars, waiting for their children to be released. Quiroga held something about the size of a sheet of paper, but she did not know what he was doing. Sanders called her management support director, spoke to the school's off-duty Chicago police officer, and then contacted 911 because she believed Quiroga was in violation of the terms of the visitor protocol letter as he had not called ahead for permission to be on school grounds.

¶ 7 On cross-examination, Sanders conceded that she saw Quiroga near the school regularly when he dropped off and picked up his children. The parties stipulated that George Pullman Elementary School receives state and federal funding.

¶ 8 Michael Ricketts, the senior compliance facilitator for the Chicago Public Schools, testified that he trains LSC members to ensure compliance with state laws and regulations. He had met Quiroga at an LSC meeting and at a one-on-one meeting with him at a McDonald's in May 2011, but could not recall the exact date. At their meeting, Quiroga told Ricketts that he received a letter from Sanders barring him from the school and that he was “truly upset about that.” On cross-examination, Ricketts initially stated that he saw Sanders and Quiroga at an LSC meeting in June, but later stated that the LSC meeting occurred before he met with Quiroga at McDonald's in May. He further stated that Quiroga requested to meet him at the McDonald's where they discussed the letter and Quiroga's daughter.

¶ 9 Quiroga testified that two of his children attend George Pullman Elementary School and that in addition to the LSC, he is member of the school's Bilingual Council and the No Child Left Behind Council. He...