People v. Arroyo

790 N.E.2d 943, 339 Ill. App. 3d 137, 274 Ill. Dec. 170, 2003 Ill. App. LEXIS 690
CourtAppellate Court of Illinois
DecidedJune 2, 2003
Docket2-00-0498
StatusPublished
Cited by22 cases

This text of 790 N.E.2d 943 (People v. Arroyo) 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. Arroyo, 790 N.E.2d 943, 339 Ill. App. 3d 137, 274 Ill. Dec. 170, 2003 Ill. App. LEXIS 690 (Ill. Ct. App. 2003).

Opinion

JUSTICE KAPALA

delivered the opinion of the court:

Defendant, Carlos Arroyo, was convicted of first-degree murder (720 ILCS 5/9—1 (West 1996)) and was subsequently sentenced to 60 years’ imprisonment. This court reversed that conviction and sentence and remanded the cause for a new trial. People v. Arroyo, No. 2—97— 0158 (1998) (unpublished order under Supreme Court Rule 23). Defendant was retried before a jury, was convicted, and was sentenced to 54 years’ imprisonment. This court reversed defendant’s conviction and remanded for new trial in People v. Arroyo, 328 Ill. App. 3d 861 (2002). Our supreme court denied the State’s petition for leave to appeal but, under its supervisory authority, directed this court to vacate its opinion and reconsider its judgment in light of the substantial prejudice standard set forth in People v. Williams, 192 Ill. 2d 548 (2000). We now vacate our opinion pursuant to that order and file this opinion in its stead.

After reconsidering our judgment in light of Williams, we now conclude that defendant did not suffer substantial prejudice as a result of the prosecutor’s improper comments during opening statement. Having so concluded, it is necessary to address defendant’s second and third arguments on appeal. We reject defendant’s second and third arguments and, therefore, affirm the judgment of the circuit court of Lake County.

I. FACTS

During the State’s opening statement, the prosecutor rémarked that Diana Zuniga, an eyewitness who testified at defendant’s first trial, was serving a 20-year prison sentence. Following the trial court’s sustaining of defendant’s objection to that remark, the prosecutor told the jury that Zuniga was convicted of being the getaway driver in this homicide. Defendant objected to the remarks and moved for dismissal or a mistrial. The motion was denied. The propriety of these statements is contested on appeal.

At trial, the State called Kelly Peterson, who testified that on May 7, 1996, she saw a man in a brown jacket walking along Washington Street as she drove home from work. According to Peterson, a man wearing a red, hooded sweatshirt jogged up behind the man in the brown jacket. Peterson looked away and then heard a crash from the direction of the two men. She looked back and saw the man in the red, hooded sweatshirt raise his right arm and fire two or three shots at the man in the brown jacket. Peterson testified that she did not see the shooter’s face but that he was about 5 feet 7 inches or 5 feet 8 inches tall, and shorter than the man who was shot.

Angela Demoe testified that she was working at Enterprise car rental on Washington Street on May 7, 1996. Shortly after 6:15 p.m., she was pulling out of the Enterprise parking lot in a white Nissan Pathfinder. Demoe noticed two men approaching. One man was wearing a brown jacket and was walking along the curb. The other man was wearing a red sweatshirt and approached at a diagonal, walking fast. As Demoe turned out of the parking lot onto Washington Street, she heard two pops, which she thought were firecrackers. At that point, Demoe looked into her rearview mirror and saw the man in the red sweatshirt heading back in the direction he came from. Demoe saw the man in the red sweatshirt from about 25 feet. At the time, it was still daylight and she made eye contact with him. According to Demoe, the hood of the red sweatshirt was up tightly around the man’s face, but she could see his eyebrows, eyes, nose, and mouth for five or six seconds. Demoe said that the man in the brown jacket was taller than the man in the red sweatshirt, who was about 5 feet 3 inches or 5 feet 4 inches tall.

On May 7, 1996, a detective showed Demoe an array of six photographs that did not include defendant’s picture. Demoe did not identify the shooter from any of the photographs but did indicate that one individual pictured looked similar to the man in the red sweatshirt. On May 9, 1996, Detective Mark Tkadletz showed Demoe a different array of six photographs that also did not include a picture of defendant. Demoe pointed to the man pictured in the lower left-hand corner of the array and indicated that she was pretty sure that was the man. Later testimony established that she pointed to a picture of Juan Salgado.

On May 13, 1996, Detective Yancey showed Demoe yet another six-photograph array. Demoe identified the man pictured in photograph No. 5 as the man in the red sweatshirt. Demoe said that the man in photograph No. 3 was the same man she identified in the photograph array showed to her on May 9, 1996. Demoe also said that the man pictured in photograph. No. 5 was not in the first two arrays that were shown to her. Later testimony established that defendant was the man pictured in photograph No. 5 and that Juan Salgado was pictured in photograph No. 3. In court, Demoe identified defendant as the man she saw in the red sweatshirt on May 7, 1996. On cross-examination, Demoe said that she may have told Detective Tkadletz on May 9, 1996, that she was 98% sure the man pictured in the lower left-hand photograph of the second array was the shooter.

Detective Thomas Luka testified that defendant gave a written statement to him and Detective Yare on May 11, 1996. The statement consisted of defendant’s answers to the detectives’ questions. Defendant made no mention of the May 7, 1996, shooting in this statement.

Detective Tkadletz testified that he and Detective Yare interviewed defendant at noon on May 13, 1996. Just before they interviewed defendant, Detectives Tkadletz and Yare had obtained a videotaped statement from Juan Salgado indicating that defendant was the shooter. When confronted with that information, defendant became upset, began raising his voice, and called the detectives liars. Detective Tkadletz said that they then showed defendant the videotape of Saigado’s statement naming defendant as the shooter. Shortly thereafter, defendant demanded to be put back into his cell.

Sergeant Richard Davis testified that on May 13, 1996, at approximately 2:30 p.m., defendant knocked on his cell door and indicated that he was ready to tell the truth. According to Sergeant Davis, Detectives Tkadletz and Yare were at a meeting at the State’s Attorney’s office, so Sergeant Davis and Lieutenant Hendley took a statement from defendant. Sergeant Davis identified the typed statement that defendant gave on May 13, 1996, at 2:40 p.m. This statement was admitted into evidence and was read to the jury as follows:

“I’m not going to lie to you guys anymore. I was with Juan Salgado, we were supposed to be going to pick up my cousin Diane [sic], and we were driving down Washington St. to Greenleaf and Juan saw a guy and said is that Fonzie. I said I don’t know. Instead of turning right on Greenleaf he turned left and came up behind him and as we drove by, Juan said ya that’s Fonzie we got to take care of him. I said no we have to pick up Diane [sic] at the dentist office.
We drove over to the dentist office where Diane [sic] works on Greenleaf, and we picked up Diane [sic], I got into the backseat. Juan then drove back to Washington St. and said where did he go, where did he go. *** Juan drove to Washington and Teske and said where is he, where is he, do you see him.

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

Related

People v. Ritchason
2025 IL App (2d) 240160-U (Appellate Court of Illinois, 2025)
People v. McAtee
2024 IL App (1st) 220842-U (Appellate Court of Illinois, 2024)
People v. Traynoff
2024 IL App (4th) 231102-U (Appellate Court of Illinois, 2024)
People v. Mabry
2023 IL App (3d) 200321-U (Appellate Court of Illinois, 2023)
People v. Martinez
2021 IL App (1st) 172097 (Appellate Court of Illinois, 2021)
In re Commitment of Lingle
2018 IL App (4th) 170404 (Appellate Court of Illinois, 2018)
People v. Lingle (In Re Lingle)
2018 IL App (4th) 170404 (Appellate Court of Illinois, 2018)
People v. Tucker
2017 IL App (5th) 130576 (Appellate Court of Illinois, 2017)
People v. Santiago
949 N.E.2d 290 (Appellate Court of Illinois, 2011)
People v. Phillips
911 N.E.2d 462 (Appellate Court of Illinois, 2009)
People v. Walker
911 N.E.2d 439 (Appellate Court of Illinois, 2009)
People v. Christopher K.
810 N.E.2d 145 (Appellate Court of Illinois, 2004)
In re Christopher K.
Appellate Court of Illinois, 2004
People v. Young
807 N.E.2d 1125 (Appellate Court of Illinois, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
790 N.E.2d 943, 339 Ill. App. 3d 137, 274 Ill. Dec. 170, 2003 Ill. App. LEXIS 690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-arroyo-illappct-2003.