People v. Villalobos

• Decision Date: 21 September 1979
• Docket Number: 77-1962 and 78-510,Nos. 77-1758,s. 77-1758
• Citation: 396 N.E.2d 1081,33 Ill.Dec. 357,78 Ill.App.3d 6
• Parties: , 33 Ill.Dec. 357 PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Agapito VILLALOBOS, Joseph Lochirco and Bruno Kramarczyk, Defendants- Appellants.
• Court: United States Appellate Court of Illinois

Page 1081

396 N.E.2d 1081

78 Ill.App.3d 6, 33 Ill.Dec. 357

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Agapito VILLALOBOS, Joseph Lochirco and Bruno Kramarczyk Defendants- Appellants.

Nos. 77-1758, 77-1962 and 78-510.

Appellate Court of Illinois, First District, Fifth Division.

Sept. 21, 1979.

Rehearing Denied Dec. 7, 1979.

[33 Ill.Dec. 358] Alan D. Blumental, Sam Adam, Chicago, for defendant-appellant kramarczyk

Ralph Ruebner, Deputy State App. Defender, Alan D. Goldberg, Asst. State App. Defender, Chicago, for defendant-appellant Villalobos.

James J. Doherty, Public Defender of Cook County, Chicago, for defendant-appellant Lochirco; Brian L. Heise, Robert T. Badesch, Asst. Public Defenders, Chicago, of counsel.

Bernard Carey, State's Atty. of Cook County, Chicago, for plaintiff-appellee; Marcia B. Orr, Pamela L. Gray, Marcella J. Meyer, Asst. State's Attys., Chicago, of counsel.

LORENZ, Justice:

Following a bench trial defendants were convicted of armed robbery. (Ill.Rev.Stat. 1973, ch. 38, par. 18-2.) Kramarczyk and Lochirco were sentenced to terms of four to eight years while Villalobos was sentenced to a term of five to ten years. On appeal, they each contend that they were not proved guilty beyond a reasonable doubt. Additionally, Kramarczyk contends that the trial court erred in failing to suppress his oral statement on the grounds of a Miranda violation and that his constitutional rights were violated when the officers arrested him in his home without a warrant.

The following pertinent evidence was adduced at trial.

For the State

Robert Matos, the complaining witness

He is a security guard employed by the Cohn Detective Agency. On April 25, 1974 An unidentified black man then accompanied him about 100 feet down the alley to the west, and the three defendants followed. When he and the black man stopped underneath a light, he turned and observed the three defendants standing about 25 feet away. They were looking through his wallet. He was afraid they would shoot him if they found his badge, so he hit the black man in the face and ran east past the three defendants. The defendants chased him, but he was able to escape and run into the tavern on the corner. He phoned the police from the tavern. He described the lighting conditions in the alley at the time of the robbery as "good."

[33 Ill.Dec. 359] about 11:15 p. m. he left his place of employment at 4910 W. Flournoy in Chicago and began driving to his home at 914 W. 19th Place. He took a more circuitous route than normal because he was in no hurry and wanted to drive around. About two miles from his home he felt a great urge to urinate and drove into an alley near the 1800 block of South Oakley for the purpose of "relieving myself." He stopped his car 10 or 15 feet east of the entrance to the alley. He put the car in park and was about to get out when four men came out of a gangway. At first he did not think anything of this. One of the men, whom he identified as defendant Villalobos, approached him and pointed a gun at his head. A second man, whom he identified as Kramarczyk, then ordered him out of the car. When he got out of the car, Lochirco said, "that's right, keep looking at me, punk, you'll see me more often." He was searched, and his wallet containing his badge and identification, but no money, was taken; 35 cents and some screws were also taken from his pocket. The keys were taken out of his car.

Matos further testified that the day after the incident he returned to the scene with a spare set of keys to pick up his car. At that time he was approached by an unknown girl who said she had seen the robbery the previous night while looking out the window. She told him the nicknames of the four assailants were Fish, Augey, Bruno and Bugaloo. Those names were not familiar to him. He did not ask for the girl's name or address and could not locate her again. Although he telephoned this information to the police department, he could not recall to who he had spoken.

Several days later, he identified pictures of Villalobos and Lochirco from a group of 40 or 50 photographs shown to him by police officers. At a line-up on May 14, 1974 he identified Villalobos. He viewed 10 or 15 photographs on July 8 or 9, and identified the photograph of Bruno Kramarczyk. He then testified that Kramarczyk was the one who said, "That's right, punk, keep looking at me, you'll see me more often." He testified he identified Kramarczyk in a subsequent line-up on July 12, 1974, and at trial indicated with a mark on a photograph of the line-up the man he identified as Bruno Kramarczyk. He later identified the same photograph as being that of Lochirco.

On cross-examination he admitted telling a police officer that two of the individuals were blonde. However, he admitted that none of the defendants he saw in court had blonde hair and he testified that they appeared the same as they did at the time of the robbery. In court he characterized Kramarczyk's hair as light brown, Lochirco's hair as dark brown and Villalobos' hair as black. He admitted testifying at the preliminary hearing that the lighting was "just medium," but stated at trial that, "I could see exactly what they looked like." He admitted, however, that the lighting was not sufficient to enable him to see the exact features of his assailants.

He further testified that he waited about a half hour until he got home before he urinated; he said it was not a great urge and explained he would have merely been uncomfortable if he had to drive the two miles home rather than stop in the alley.

Louis Marrello, Chicago Police Officer

On April 29, 1974 Matos identified photographs of Villalobos and Kramarczyk from a group of 45 to 50 photographs and on July 8 or 9 identified the photograph of Lochirco from a group of 15 photographs. Matos also identified both Villalobos and Lochirco On cross-examination he characterized Villalobos' haircut at the time of the May 14, 1974 line-up as being "a baldy sour" or "very short."

[33 Ill.Dec. 360] in line-ups. He did not know whether Kramarczyk was placed in a line-up. Matos told the police who made the initial report of the robbery that Kramarczyk had blonde hair. Marrello, however, characterized Kramarczyk's hair as "light brown." When he questioned Kramarczyk about the incident, Kramarczyk said, "I was there, but there was no robbery. There was a fight." Kramarczyk told him he knew Fish and Augey, but would not answer when asked if they were with him at the time. Kramarczyk further told him a man had come into the alley looking for trouble and there was a fight.

For the Defendants

Agapito Villalobos, on his own behalf

He was stabbed in January, 1974 and half of his head was shaved to treat head wounds. After leaving the hospital he shaved his entire head and was bald on April 24, 1974.

Dr. Leon Georgio

The parties stipulated that if called as a witness he would testify that he saw defendant Villalobos in the emergency room of St. Anthony's Hospital on February 23, 1974. One half of Villalobos' head was shaved in order to administer multiple stitches to a head wound. Villalobos was released from the hospital on February 28, 1974.

Officer Neiddlac, Chicago Police Officer

The parties stipulated that if called as a witness, Neiddlac would testify that on April 25, 1974 at about 11:45 p. m. he interviewed Robert Matos at 1847 S. Oakley, the scene of the incident. Matos described his assailants as follows:

1. A male Negro, 18 to 19 years old, 5 feet 9 inches tall, 150 pounds, wearing a 3/4 dark coat, and tan hat.

2. A white male, age 18 to 19 years old 5 feet 8 inches tall, 175 pounds, blond hair, light complexion, 1/2 dark dark leather jacket, blue jeans and referred to as Bruno.

3. A male Mexican, 15 to 16 years old, 5 feet 6 inches tall, 140 pounds, medium hair, dark, wearing a black quilted coat, with a gun.

4. A white male, 15 to 16 years old, 5 feet 5 inches tall, 145 pounds, wearing a white tee shirt, dark jacket and dark pants.

It was also stipulated that Neiddlac would testify that Matos said he had driven his car into an alley to relieve himself. As Matos started to get back into his car he was approached by four unknown men who pulled a .25 caliber automatic, took his wallet, and his keys and fled west through the alley.

Donna Kramarczyk

She is the sister of Bruno Kramarczyk. She was familiar with Robert Matos because she had dated him in 1968 for a period of about three months. At that time, he was known as Cheetah. Matos had been in her home on about 10 occasions and on about four of those he met her brother Bruno.

Mary Rotto

Mary Rotto testified that Joseph Lochirco was her grandson. She stated she had known Robert Matos prior to April 25, 1974. She had previously seen him and his friends on the street. On June 25, 1974 at 12:30 or 1:00 p. m., Matos drove up to their house and stopped in front. He got out of his car, took out a handgun and began yelling that he was going to shoot her. Her grandson and her husband came through the gangway and Matos said he was going to kill "Fish" which was her grandson's nickname.

Bruno Kramarczyk, on his own behalf

At approximately 11:00 p. m. on the evening of April 25, 1974 he was sitting on the rear porch of the second house from the corner of 18th Place and Oakley. The porch faces the alley. He was sitting with his friend Eddie whom he had known for one week. He did not know Eddie's last name. At about 11:45 p. m. Matos drove into the alley, parked his car, and walked On cross-examination he stated that Matos dated his sister several years before the incident. He had also seen Matos playing ball in a park a year or two prior to the incident. Although he remained on the porch until about 12:05 a. m. he did not see any police officers in the alley. At the time of his arrest he told Marrello that he "was on a porch," but did not mention Eddie's name. He also stated that he told Marrello that he...