People v. Alvarez

799 N.E.2d 694, 344 Ill. App. 3d 179, 278 Ill. Dec. 829, 2003 Ill. App. LEXIS 847
CourtAppellate Court of Illinois
DecidedJune 30, 2003
Docket1-00-1221
StatusPublished
Cited by9 cases

This text of 799 N.E.2d 694 (People v. Alvarez) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Alvarez, 799 N.E.2d 694, 344 Ill. App. 3d 179, 278 Ill. Dec. 829, 2003 Ill. App. LEXIS 847 (Ill. Ct. App. 2003).

Opinion

JUSTICE REID

delivered the opinion of the court:

Following a jury trial, which was part of three simultaneous separate juries, the defendant, Ruben Alvarez, was found guilty of first degree murder and was sentenced to serve 80 years’ imprisonment. On appeal, Alvarez maintains that: (1) he was denied his due process right to fundamental fairness and his sixth amendment right to present a defense as a result of the trial court’s decision not to admit certain evidence about the police investigation concerning different suspects, (2) he was denied a fair trial by the admission of improper hearsay, (3) he was denied a fair trial due to the admission of evidence that showed that he had a propensity to commit crimes, (4) he was denied a fair trial as a result of the State eliciting an inordinate amount of irrelevant and prejudicial gang-related evidence, (5) he was denied a fair trial due to the admission of evidence concerning weapons that were not connected to the crime, (6) he was denied a fair trial because the State made improper statements during its closing argument, and (7) his extended-term sentence of 80 years, which was based on a finding by the trial court (as opposed to the jury) that the crime was accompanied by exceptionally brutal and heinous conduct, is excessive and improper. For the reasons that follow, we affirm Alvarez’s conviction and vacate his extended-term sentence.

THE FACTS

On the evening of December 29, 1997, Arnold Míreles was walking home from work. As he was walking, someone approached Míreles from behind and shot him once in the back of his head. Míreles died as a result of his wound.

Míreles was a community activist who worked at the Juan Diego Community Center, which is located at 8802 South Exchange Avenue, in Chicago, Illinois. Part of Míreles’ responsibilities was to take photographs of dilapidated buildings and make reports to housing court in an effort to have the buildings’ owners make needed repairs to the properties. Míreles’ reports often cited codefendant Roel Salinas.

Salinas was the owner of a number of buildings that Míreles investigated. Míreles’ efforts caused Salinas to have to appear in housing court on many occasions. This resulted in Salinas being forced to pay numerous fines and other monies and serve jail time in an effort to have his buildings brought into compliance with city codes.

A particular Salinas building that Míreles caused to be investigated was located at 8822 South Exchange Avenue. Salinas eventually deeded this building to codefendant Miguel Martinez. After Martinez became the owner of the building, he, too, was then forced to appear in housing court as a result of the building’s violations. Alvarez, who was a close friend of Martinez, lived with Martinez at 8822 South Exchange Avenue.

At trial, Donald Rowans testified that on the evening of December 29, 1997, he was at the home of bis friend, Michael Quiroz, which was located at 8812 South Exchange Avenue. While there, Rowans heard a gunshot at approximately 11 p.m. Sometime later, he and Quiroz decided to walk to a store that was located on the corner of 89th Street and Exchange Avenue. While in route to the store, Rowans discovered Míreles’ dead body lying on the ground. Rowans and Quiroz notified the police.

Later that evening, Rowans and his girlfriend went to the Taste of Commercial, which is a neighborhood restaurant. There, he saw Alvarez and Martinez, who were together. Rowans told them that someone had been shot and that he had just found the dead person’s body. Afterwards, Martinez, who was driving, gave Rowans and his girlfriend a ride to Rowans’ home. Rowans lived at 8842 South Exchange Avenue, which was located on the same block where Martinez lived. Later that night, Rowans also visited Martinez’s home. While he was there, the police arrived and conducted interviews.

The next day, on December 30, 1997, at approximately 6 p.m., Rowans and Quiroz went to Martinez’s home. While he was there, Alvarez asked Rowans to search his gangway for a shell casing. Later that same evening, Rowans informed Alvarez that he had heard the gunshot from the previous night and that it sounded like a .38- or .44-caliber gun. Alvarez responded that it was a 9-millimeter gun.

Alvarez explained to Rowans that he crept behind Míreles and shot him with his 9-millimeter plastic Glock handgun. Alvarez said that when Míreles fell to his knees, he ran away. Alvarez ran towards Rowans’ house and saw that his gun had jammed. When he unjammed it, a shell casing fell but Alvarez did not have time to find it so he kept running.

On cross-examination, Rowans testified that he was picked up by the police on January 1, 1998, and was transported to Area Two where he was interrogated and also appeared in a lineup. During the interrogation, he testified, he failed to inform the authorities that Alvarez had admitted to him that he had murdered Míreles. However, on redirect examination, Rowans testified that he did not tell the police about his conversation with Alvarez because he did not want to get involved. Rowans informed the authorities of Alvarez’s admission after Alvarez had been arrested.

Crispin Uvalle testified that prior to December 1997, he had known Alvarez for approximately five months. Uvalle testified that he and Alvarez were friends and in the same gang. On January 1, 1998, he was sitting in a car in Cicero, Illinois, with Alvarez, Robert Espinoza and the young woman who owned the vehicle. At this time, Alvarez told him that he shot a man in the back of the head. Alvarez explained that he shot the man on the corner of 88th Street and Exchange Avenue. Uvalle testified that Alvarez said that “he ran up to him and shot him in the back and the guy fell to his knees and then to his face.” Alvarez then ran through a gangway to Martinez’s house. Uvalle testified that Alvarez said that he shot the man for money.

Detective John Murray testified that on January 4, 1998, he was assigned to assist with the Míreles murder investigation. On the morning of January 14, 1998, Detective Murray along with his partner, Detective Bob Rodriguez, was attempting to locate Alvarez. They first went to Martinez’s home at approximately 4 a.m. When they arrived, Martinez’s wife, Erasema Martinez (Erasema), answered the door. She explained to the officers that Alvarez was not there but allowed the detectives to enter where they spoke with Martinez. Erasema and Martinez subsequently agreed to accompany the detectives to Area Two. After the detectives transported Erasema and Martinez to Area Two, they continued their attempt to locate Alvarez.

The detectives drove to a house that was located at 1803 South 61st Court in Cicero, Illinois. Upon arriving, Ronald Kulick answered the door and he gave the detectives permission to enter his home. Once inside, the detectives proceeded to the basement. There, they found Espinoza seated on a couch. After further searching, Detective Murray testified, he found Alvarez in a closet attempting to hide behind clothes. Alvarez was taken into custody. When the detectives continued their search of the basement, Detective Murray testified that he found a “.9 millimeter Clock semiautomatic pistol secreted behind a bar area behind a mirror.”

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Bluebook (online)
799 N.E.2d 694, 344 Ill. App. 3d 179, 278 Ill. Dec. 829, 2003 Ill. App. LEXIS 847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-alvarez-illappct-2003.