People v. Bronaugh

2021 IL App (1st) 192055-U
CourtAppellate Court of Illinois
DecidedOctober 29, 2021
Docket1-19-2055
StatusUnpublished

This text of 2021 IL App (1st) 192055-U (People v. Bronaugh) 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. Bronaugh, 2021 IL App (1st) 192055-U (Ill. Ct. App. 2021).

Opinion

2021 IL App (1st) 192055-U

SIXTH DIVISION October 29, 2021

No. 1-19-2055

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County. ) v. ) No. 17 CR 16235 ) WILLIAM BRONAUGH, ) Honorable ) James Michael Obbish, Defendant-Appellant. ) Judge Presiding.

JUSTICE MIKVA delivered the judgment of the court. Justices Harris and Oden Johnson concurred in the judgment.

ORDER

¶1 Held: We affirm defendant’s conviction where the trial court did not abuse its discretion in admitting other-crimes evidence.

¶2 Following a jury trial, defendant William Bronaugh was found guilty of domestic battery

(720 ILCS 5/12-3.2(a)(1) (West 2016)) and sentenced to two years’ probation, a domestic violence

program, and 30 days in the sheriff’s work release program. On appeal, Mr. Bronaugh argues that

the trial court abused its discretion by allowing the State to introduce evidence of a prior act of

domestic violence. We affirm. No. 1-19-2055

¶3 I. BACKGROUND

¶4 Mr. Bronaugh was charged by information with multiple offenses against Maria Sanchez,

with whom he had a child in common. The State proceeded on count I for aggravated domestic

battery predicated on strangling Ms. Sanchez (720 ILCS 5/12-3.3(a-5) (West 2016)), count VIII

for unlawful restraint (720 ILCS 5/10-3 (West 2016)), and count IV, which charged that Mr.

Bronaugh committed domestic battery by causing bodily harm. (720 ILCS 5/12-3.2(a)(1) (West

2016)).

¶5 Prior to trial, the State filed a motion to admit proof of other crimes. Regarding the charged

offenses, the State proffered that, on October 25, 2017, Mr. Bronaugh twice grabbed Ms. Sanchez

by the throat, and strangled her for about 15 seconds, during a dispute over who would watch their

baby daughter while Ms. Sanchez worked. The State sought to introduce further evidence that

(1) on July 21, 2017, Mr. Bronaugh threatened to kill Ms. Sanchez; (2) on April 7, 2015, Mr.

Bronaugh struck Erica Soriano, his then-girlfriend, and subsequently pled guilty to misdemeanor

domestic battery; and (3) on July 13, 2015, Mr. Bronaugh followed Ms. Soriano from work and

stood outside her vehicle while she occupied it, and subsequently pled guilty to violating Ms.

Soriano’s order of protection against him.

¶6 At a hearing, the State argued that Mr. Bronaugh hit and strangled Ms. Sanchez, and the

strangulation showed an “escalation” of domestic violence. As no eyewitness could corroborate

Ms. Sanchez’s account of the attack on October 25, 2017, the other-crimes evidence was necessary

to show Mr. Bronaugh’s propensity to commit domestic violence and buttress Ms. Sanchez’s

“credibility about what happened.” Mr. Bronaugh argued that the incident against Ms. Soriano on

April 7, 2015, should be excluded because it was two years prior, involved a different victim, and

involved striking, not strangling.

-2- No. 1-19-2055

¶7 The court denied the State’s motion as to the July 21, 2017, and July 13, 2015, incidents

because of their dissimilarities to the charged offenses. However, the court granted the motion as

to the April 7, 2015, incident, stating:

“It is a different complaining witness. It is a couple of years distance as far as proximity in

time, but I do believe that the probative value of the defendant striking another domestic

partner in the face and in the arm in committing a domestic battery is more probative than

prejudicial. The mere fact that it’s a different woman. The mere fact that it was some two

years apart are taken into consideration by this Court, but I believe that still the propensity

issue is proven. I find it’s more probative as to propensity than prejudicial to the

defendant.”

¶8 At trial, Ms. Sanchez testified that, on October 25, 2017, she had been dating Mr. Bronaugh

for about three years. Ms. Sanchez, Mr. Bronaugh, and their one-year-old daughter lived together

on the 3100 block of West 57th Street, in Chicago, but Ms. Sanchez intended to end their

relationship and move out.

¶9 That day, Ms. Sanchez prepared to go to work around 3 or 3:30 p.m. Ms. Sanchez’s mother,

Rosa Martinez, lived a few blocks away, and Ms. Sanchez normally walked the baby to Ms.

Martinez’s house, where Ms. Martinez would watch her while Ms. Sanchez worked. Mr. Bronaugh

wanted to watch the baby, however, and became upset when Ms. Sanchez prepared to leave. Mr.

Bronaugh also accused Ms. Sanchez of having an affair with his cousin.

¶ 10 Ms. Sanchez descended the stairs from their apartment and exited with the baby in a

stroller. The argument continued outside. Ms. Sanchez then began walking towards Ms.

Martinez’s, and Mr. Bronaugh followed, while the baby remained in the stroller outside the

apartment. When Ms. Sanchez was about half a block from the apartment, Mr. Bronaugh pulled

-3- No. 1-19-2055

her back by her upper right arm and wrists.

¶ 11 Ms. Sanchez refused to reenter the apartment, and Mr. Bronaugh grabbed her neck and

choked her. Ms. Sanchez called 9-1-1, which upset Mr. Bronaugh, and she put her phone in her

pocket without disconnecting the call. Ms. Sanchez agreed to go inside and removed the baby from

the stroller, which Mr. Bronaugh began to take inside. Ms. Sanchez then turned to leave, and Mr.

Bronaugh “strangle[d]” her, squeezing her neck with both hands in the vestibule until she felt she

would lose consciousness and die. Ms. Sanchez could not stand and leaned on the door. Mr.

Bronaugh threatened to kill her.

¶ 12 Ms. Sanchez managed to exit the building and began walking towards Ms. Martinez’s. Mr.

Bronaugh followed her, grabbed her arms, and tried to pull her back to the apartment. This hurt

Ms. Sanchez’s arms. Ms. Martinez then approached the two of them and a police vehicle drove

by. Ms. Sanchez alerted the police car, told an officer what happened and showed him bruises on

her neck and arms.

¶ 13 Ms. Sanchez identified photographs of her injuries and the audio of her 9-1-1 call, which

she stated contained her and Mr. Bronaugh’s voices and was published in court. The exhibits are

in the record on appeal. The 9-1-1 call begins with Ms. Sanchez stating, “leave me alone.” She

then starts to respond to the 9-1-1 operator but begins coughing and wheezing. The remainder of

the call, which exceeds four minutes, is largely unintelligible, but Ms. Sanchez and Mr. Bronaugh

speak angrily, Ms. Sanchez repeatedly screams, Mr. Bronaugh asks her to stop, and a baby cries.

¶ 14 On cross-examination, Ms. Sanchez testified that she and Mr. Bronaugh slept in different

rooms the night prior to the incident. Mr. Bronaugh had cheated on her, but Ms. Sanchez denied

that was why she sought to end the relationship. They began to argue as she left the apartment. She

left the baby in the stroller at the building’s entrance, walked into the street, and Mr. Bronaugh

-4- No.

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2021 IL App (1st) 192055-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bronaugh-illappct-2021.