People v. Balderas

609 N.E.2d 936, 241 Ill. App. 3d 845, 182 Ill. Dec. 402, 1993 Ill. App. LEXIS 106
CourtAppellate Court of Illinois
DecidedFebruary 1, 1993
Docket1-89-2332
StatusPublished
Cited by3 cases

This text of 609 N.E.2d 936 (People v. Balderas) 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. Balderas, 609 N.E.2d 936, 241 Ill. App. 3d 845, 182 Ill. Dec. 402, 1993 Ill. App. LEXIS 106 (Ill. Ct. App. 1993).

Opinion

JUSTICE O’CONNOR

delivered the opinion of the court;

Defendant, Antonio Balderas, was indicted for the murder (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1) of Miguel Rivera, the attempted (Ill. Rev. Stat. 1987, ch. 38, par. 8 — 4) murder (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1) of Luis Pagan and the armed robbery (Ill. Rev. Stat. 1987, ch. 38, par. 18 — 2) of both Pagan and Rivera. At the conclusion of the ensuing trial, a jury found defendant guilty as charged, and the State sought the death penalty. Defendant waived his right to a jury for the subsequent sentence hearing, and the circuit court ultimately found him eligible for the death penalty. However, citing defendant’s lack of a prior violent criminal history, the court declined to impose the sentence of death and ordered defendant imprisoned for the rest of his life without the possibility of parole. Defendant also received a 30-year prison term for the attempted murder conviction, to run concurrently. Defendant now seeks review of these proceedings.

We affirm.

At trial, Luis Pagan recounted the events which unfolded at 2:20 p.m., at his grocery store, located at 4894 North Ashland Avenue on March 4, 1988. At that time, Pagan and Miguel Rivera were alone in the store when two men entered. The taller of the two men, whom Pagan identified as defendant, asked where the potato chips were located. The other, unidentified man stood near the counter while defendant walked around the store. Defendant eventually walked to the potato chip rack where Rivera was standing.

Pagan then heard a “commotion” and, turning, saw defendant grab Rivera by the collar and put a gun to his back. Pagan tried to push the alarm button to call police, but defendant pointed the gun at him and threatened him not to move. Defendant then brought Rivera to the counter, raised the gun to Rivera’s left temple, and demanded money from both men. Rivera gave defendant his wallet, from which defendant removed all the money. Defendant asked for Pagan’s wallet, but became angry when he found it empty. He pushed the gun into Pagan’s back and repeated his demand for money. When defendant told Pagan that he was going to kill him, Pagan gave defendant his money and opened the cash register. Defendant pushed Pagan from the register and took the money out himself.

After emptying the register drawer of its cash, defendant returned the gun to Rivera’s temple and demanded more money from the men. Pagan gave defendant some money which he had managed to keep hidden. Defendant told Pagan to turn around, and the unidentified man told defendant to “kill the motherfuckers and let’s get out of here.” As Pagan was turning around, he heard a shot and saw Rivera fall to the ground. Smiling, defendant turned to Pagan and said, “now you’re next motherfucker.” Defendant put the gun to Pagan’s face and pulled the trigger. Pagan heard a “click” then grabbed defendant’s hand and smashed his arm down against the counter and the cash register. Defendant let go of the gun, and Pagan retrieved it. Pagan attempted to fire a shot at defendant, but he “just heard a click.” Defendant pushed Pagan, and Pagan fell behind the counter. Defendant fled from the store, running south toward Lawrence Avenue. Pagan pushed the police alarm button and gave chase, following defendant through an empty lot near the store. Pagan fired a shot toward defendant, but defendant was not hit and was able to make a getaway.

When Pagan returned to the store, he found Rivera dead. Eventually, police arrived at the scene, and Pagan described the gunman as a black male, 6 feet or taller, between 25 and 30 years of age. He wore a blue jacket with a red sweater underneath it and a blue and white cap with the words “Raising hell in Wisconsin” printed across the top. Pagan recalled that shortly after 3 p.m., a police car pulled in front of the store, and officers told him that they had a man they wanted him to see. Defendant was in the back seat of the squad car, leaning aside “trying to hide his face.” Pagan identified defendant as the gunman.

Michael King was leaving his brother’s home near Pagan’s store at 2:20 p.m. when he saw three black men walking through a gangway between Paulina and Ashland Avenues. Two of the men were short, and the other, whom King identified as defendant, was over 6 feet, wearing a blue jacket and brown corduroy pants. King, at that point entered his car, and pulled out of the gangway, turning at the intersection of Ainslie and Ashland Avenues. There, he saw one of the three men he had seen in the gangway standing in front of Pagan’s store. When King arrived at his home, he heard a report on his police radio “scanner” that Pagan’s store had just been robbed. King then walked back to the scene and told one of the officers that he had seen three men coming through the gangway. King took the officers to the gangway, and they toured the area, but could not find any of the suspects. As King was returning to the crime scene, he saw defendant being transferred from a squad car to a police paddy wagon. King turned to a plainclothes officer standing near him and identified defendant as one of the three men he had seen in the gangway just prior to the robbery.

Defendant was taken to the scene by Chicago police officer Robert Slupski, who, as part of the police manhunt for the homicide offenders, was touring a nearby department store. While Slupski was in the store, he received a report regarding the detention of a shoplifting suspect by the store’s security personnel. Upon arriving at the security office, Slupski noted that defendant, the shoplifting suspect, matched the description of the gunman. He notified those at the scene that he was bringing a possible suspect back for identification. Slupski removed the handcuffs the store’s officials had put on defendant and recuffed him with his own handcuffs. As soon as he put the cuffs on defendant, defendant complained of wrist pain. When Slupski asked defendant how he had hurt his wrist, defendant replied that he did not know and that he had “just hurt it.” Slupski then took defendant to the homicide scene, where Pagan identified him as the gunman.

Katherine Gardet, a security officer at Sears Roebuck and Company, located at 1900 West Lawrence Avenue, testified that, as she was monitoring the store’s security cameras, she saw defendant enter the store “really fast” at approximately 2:40 p.m. After she “lost him” on the camera, Gardet took an escalator to the first floor, where she saw defendant enter the luggage department and take a garment bag. Defendant attempted, unsuccessfully, to exit from the store’s emergency doors. Gardet continued to follow defendant as he tried to exit the store. With the help of another security officer, Gardet took defendant to the security office. Defendant was “resistant” at first, but later cooperated with Gardet and the other officer. While in the security office, defendant was handcuffed, and he complained to Gardet that the cuffs were too tight. However, Gardet “knew that they weren’t” and called the police. Officer Slupski responded to her call, and the remainder of Gardet’s testimony was substantially similar to that of Slupski.

Assistant State’s Attorney Chris Cummings spoke with defendant at Area 6 Headquarters (Area 6). After initially denying his involvement in the shooting, defendant confessed that he and two “acquaintances” decided to rob the grocery store.

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Related

United States Ex Rel. Balderas v. Godinez
890 F. Supp. 732 (N.D. Illinois, 1995)
People v. Berry
642 N.E.2d 1307 (Appellate Court of Illinois, 1994)
People v. Batac
631 N.E.2d 373 (Appellate Court of Illinois, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
609 N.E.2d 936, 241 Ill. App. 3d 845, 182 Ill. Dec. 402, 1993 Ill. App. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-balderas-illappct-1993.