People v. Aguilar

918 N.E.2d 1124, 396 Ill. App. 3d 43, 335 Ill. Dec. 311, 2009 Ill. App. LEXIS 1082
Appellate Court of Illinois·Decided November 10, 2009·No. 1-08-0015·Published·Cited by 18 cases

Opinion

JUSTICE QUINN

delivered the opinion of the court:

Following a jury trial, defendant, Efren Aguilar, was found guilty of first degree murder in the shooting death of Brandon McClelland. The trial court sentenced defendant to 50 years’ imprisonment — 25 years on the first degree murder conviction and an additional 25 years for using a firearm during the offense. The trial court denied defendant’s motion for a judgment of acquittal notwithstanding the verdict or a new trial and his motion to reconsider the sentence. On appeal, defendant argues that the trial court erred in excluding testimony from an eyewitness identification expert and in admitting evidence of defendant’s other crimes. He also contends that the State failed to prove him guilty beyond a reasonable doubt and that the trial court’s sentence of 50 years was excessive, given that he is only 20 years old. 1 For the reasons set forth below, we find no reversible error and affirm defendant’s conviction and sentence.

I. BACKGROUND

On May 29, 2004, at approximately 10:30 p.m., 18-year-old Brandon McClelland and three friends were sitting in Bessemer Park, located at 89th Street and South Chicago Avenue in Chicago, Illinois, when a young man rode up on a bike and asked, “What y’all is?” which the men took to mean, “What gang are you in?” Some of the men responded that they were not in a gang, and the man on the bike pulled a gun from his waistband and began shooting. McClelland was struck in the back by a bullet and later died at the hospital. Within 24 hours of the shooting, two of McClelland’s friends, who were with him in the park, identified defendant as the shooter from a photo lineup. The third witness also picked defendant out as the shooter, but stated that he would need to see him in person to be sure. Immediately after the shooting, Chicago police officer Lou Toth, who was assigned to the area that included Bessemer Park, received a radio dispatch with a description of the shooter. Since the defendant, whom Toth knew prior to the shooting, matched that description, he and other police officers searched for defendant at his home and the neighborhood around Bessemer Park, to no avail. An arrest warrant was issued for defendant in December 2004. The police continued, without success, to look for defendant in subsequent months.

On April 25, 2006, defendant was pulled over by the Chicago police for driving without headlights, two blocks from the scene of the shooting. When the police asked defendant his name, he stated that it was “Jose Chevez.” After the police noticed a gun on the floorboard of the car, defendant fled in his car at a high rate of speed until the car crashed. Defendant then fled on foot and, according to the pursuing police officer, pointed a gun at the officer, although no gun was found when defendant was apprehended. After being placed in custody, defendant again told the police that his name was “Jose Chevez”; however, the police determined that his real name was Efren Aguilar for whom an arrest warrant had been issued in connection with the shooting death of McClelland. Defendant was placed under arrest, and the police asked the three eyewitnesses to view a physical lineup that included defendant. All three identified defendant as the person who shot McClelland.

By indictment, the State charged the defendant with two counts of first degree murder (720 ILCS 5/9 — 1(a)(1), (a)(2) (West 2006)), alleging that on May 29, 2004, defendant shot and killed McClelland and that during the commission of the offense, defendant personally discharged a firearm that proximately caused McClelland’s death.

Because the evidence at trial would rest primarily on the testimony of the three eyewitnesses, prior to trial defendant filed a motion in limine requesting that he be allowed to introduce testimony from Geoffrey Loftus, a psychologist, who would testify about scientific research concerning the passage of time between the incident and the identification, the lack of correlation between the certainty with which a witness makes an identification and the validity of that identification, and the effect of stress on the witness and weapon focus. Attached to the motion was an exhibit prepared by Loftus more specifically outlining 10 topics he would address in his testimony.

After a hearing, the trial court denied the motion. Relying on the holdings in People v. Enis, 139 Ill. 2d 264 (1990), People v. Tisdel, 316 Ill. App. 3d 1143 (2000) (Tisdel I), and People v. Tisdel, 338 Ill. App. 3d 465 (2003) (Tisdel IT), the court stated that a trial judge has discretion to allow or exclude eyewitness identification expert testimony. The court found that expert testimony on the issue of eyewitness identification is more likely to confuse rather than assist the jury, that permitting the testimony would likely turn the case into a battle of experts with the jurors choosing the expert they liked better, and that the jury instructions adequately addressed the issue by listing factors the jurors should consider in assessing the reliability of eyewitness identification testimony.

Defendant filed a motion to reconsider the ruling. In addition to restating the arguments from the earlier motion, defendant argued that pursuant to People v. Allen, 376 Ill. App. 3d 511 (2007), which was issued shortly before the court denied the motion in limine, Loftus should be permitted to testify. In Allen, this court held that the trial court erred in refusing to permit an eyewitness identification expert to testify. However, as the trial court noted, the Allen decision was based on a finding that the trial court failed to conduct any kind of meaningful evaluation of the expert witness’s testimony. Allen, 376 Ill. App. 3d at 526. Therefore, following Allen, the trial court evaluated Loftus’s proffered testimony in light of the facts and circumstances of the instant case and found that it was either not relevant, was addressed by jury instructions or was speculative and would not assist the jury. As a result, the court denied the motion to reconsider.

The State also filed a pretrial motion in limine requesting that evidence of other crimes be admitted to show consciousness of guilt, flight, identity of the defendant, and the circumstances of the arrest. In particular, the State wanted to show that defendant’s mother and brother knew the police were looking for him and that on the date he was pulled over, the defendant gave the police a false name, fled the scene, and pointed a gun at the police. After a hearing, the trial court granted the motion, finding that evidence of defendant’s flight from the police was relevant and admissible as evidence of defendant’s consciousness of guilt, but reserved for a later date a decision on precisely what evidence the State could introduce regarding the arrest.

At trial, the three eyewitnesses who were with McClelland on the night he was shot testified. First, Dominique Bryson testified that on May 29, 2004, at approximately 10:30 p.m., he, McClelland, Dominic Pettis, and Phillip Villarreal were sitting in Bessemer Park talking and sharing one “blunt” of marijuana when they were approached by a man on a bike.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Aguilar, 918 N.E.2d 1124, 396 Ill. App. 3d 43, 335 Ill. Dec. 311, 2009 Ill. App. LEXIS 1082 (Ill. Ct. App. 2009).

918 N.E.2d 1124 (People v. Aguilar) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Clark
2024 IL 127838 (Illinois Supreme Court, 2024)
People v. Aguilar
2024 IL App (1st) 220470-U (Appellate Court of Illinois, 2024)
People v. Osborne
2023 IL App (5th) 170353-U (Appellate Court of Illinois, 2023)
People v. Baker
2023 IL App (1st) 211588-U (Appellate Court of Illinois, 2023)
People v. Feliciano
Appellate Court of Illinois, 2023
People v. Zaragoza
2021 IL App (2d) 200680-U (Appellate Court of Illinois, 2021)
People v. Hardy
2020 IL App (1st) 172485 (Appellate Court of Illinois, 2020)
People v. Wilkerson
2020 IL App (1st) 180563-U (Appellate Court of Illinois, 2020)
People v. Bass
2019 IL App (1st) 160640 (Appellate Court of Illinois, 2019)
People v. Littleton
2014 IL App (1st) 121950 (Appellate Court of Illinois, 2014)
People v. McGhee
2012 IL App (1st) 093404 (Appellate Court of Illinois, 2012)
People v. Davis
940 N.E.2d 712 (Appellate Court of Illinois, 2010)