People v. Bunch

512 N.E.2d 748, 159 Ill. App. 3d 494, 111 Ill. Dec. 359, 1987 Ill. App. LEXIS 2991
CourtAppellate Court of Illinois
DecidedAugust 4, 1987
Docket85-2048, 85-2176 cons.
StatusPublished
Cited by34 cases

This text of 512 N.E.2d 748 (People v. Bunch) 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. Bunch, 512 N.E.2d 748, 159 Ill. App. 3d 494, 111 Ill. Dec. 359, 1987 Ill. App. LEXIS 2991 (Ill. Ct. App. 1987).

Opinion

JUSTICE STAMOS

delivered the opinion of the court:

Defendants Anthony Bunch and Derrick Batson were convicted of murder after a jury trial and were sentenced to a term of 35 years’ imprisonment to be followed by three years’ mandatory supervised release. Defendants now appeal from their convictions, raising numerous issues.

The record discloses that on August 26, 1984, the victim, Joey Szafraniec, was shot and killed by defendant Batson as he fled from Batson, defendant Bunch and three other assailants.

Madeline Cortez testified that on August 26, 1984, at approximately 6:20 p.m., she was walking down North Avenue on the west side of Chicago accompanied by her sister, Evelyn, and a youth named Felix, when she witnessed a fight. Approximately five black youths, including both defendants, were beating a white youth. Bunch, also known as Bobo, left the fight momentarily and walked toward a nearby liquor store. As he arrived at the store, Bunch reached into his waistband and pulled out a handgun. Batson, also known as Shooter, also left the fight and followed Bunch on his bicycle. Bunch gave the gun to Batson and the two youths returned to the fight.

The victim broke free momentarily and began to flee down the street toward an alley when Batson raised the gun in front of him and fired twice at the victim. Batson’s hands moved upward and backward as he fired. The victim fell to the ground and both defendants fled. Madeline approached the victim and observed that he had a hole in his head and was covered with blood. Madeline went home and later spoke with a police officer, Tom Shouse, when he arrived at her home. Her sister Evelyn was present when Madeline spoke with Shouse. Madeline identified both defendants in a police photograph book and at a police lineup later that evening. Madeline also identified another of the victim’s assailants in a second lineup. The police photograph book containing defendants’ photographs among others was admitted into evidence.

On cross-examination, Madeline testified that both defendants struck the victim during the fight. The victim hit no one and tried to protect his face. Madeline could not state the ages, height or weight of defendants or the victim. Immediately prior to the shooting, the victim and one of his assailants called out the names of the Latin King and Imperial Gangster street gangs. Madeline maintained that she told several unknown police detectives that she had seen Batson before and that she saw him ride his bike toward the victim while carrying a gun. Madeline stated she viewed both lineups alone and was not told by anyone that defendants were present in either lineup. Madeline denied that she had discussed her testimony with the assistant State’s Attorney or his partner or had seen their visual aid, a plat of the scene of the shooting, prior to trial. Madeline also denied that she had ever discussed the shooting incident with her sister. Madeline spoke only on one occasion with the assistant State’s Attorneys at which time they told her to tell the truth.

Sergeant Frederick Robertson of the Chicago police department testified that at 6:20 p.m. on the evening of August 26, 1984, he responded to a call of a man shot. Arriving at the scene, Sergeant Robertson observed the victim’s body lying in an alley. Robertson gathered a description of the offenders from bystanders and put out a flash message over the police radio. He did not speak with Madeline or Evelyn Cortez. Robertson then went with several officers to a location at which he believed one of the offenders might be. As Robertson proceeded by car down the street, he observed Bunch, who matched the offender’s description, and stopped to question him. Bunch was in possession of a bicycle. Robertson placed Bunch under arrest.

Officer Thomas Shouse testified that he was a friend of the Cortez family. Shouse monitored the radio call of a man shot and arrived at the scene to conduct a follow-up investigation. He spoke with the Cortez sisters then transported them to the police station.

Evelyn Cortez testified that on August 26, 1984, she was walking home from a carnival with her sister Madeline when they witnessed a fight. The victim was backed up against a gate and was being struck by Bunch and four other youths. Bunch left the fight and walked around the comer where he was followed by Batson. Bunch removed a gun from his waistband and gave it to Batson and both youths returned to the fight. The victim began to walk toward an alley when Batson raised the gun and fired two shots at him. The victim fell to the ground in the alley. Batson walked up to the victim then gave his bicycle to Bunch. Both defendants then left the scene.

Evelyn and Madeline went home and were visited later that evening by Officer Shouse. Shouse escorted Evelyn and Madeline to the police station where they were asked to look through a book of photographs. Evelyn identified both defendants. She was alone at the time and was not told by the police whom to pick out. Evelyn then witnessed two lineups. From the first lineup, she identified an individual named Victor Guzman and from the second lineup, she identified both defendants as the victim’s assailants. She was not told by police that defendants were in the lineup and she did not discuss the lineup with her sister Madeline. Evelyn stated that she knew defendants prior to the shooting because they were around her house with several other youths.

On cross-examination, Evelyn maintained that she never spoke to her sister Madeline about the shooting. Evelyn denied that she had a brother or stepbrother. Evelyn denied knowing a man named “Popo” and stated that she never lived with any family, brother, stepbrother, cousin or friend of such name. Evelyn admitted that Batson was wearing a hooded shirt at the time of the shooting and she could see only his face.

A sidebar was then called by Bunch’s counsel, Mr. Miller. Miller told the court that the assistant State’s Attorney, Mr. Rueckert, had informed him that Evelyn did in fact have a brother or family friend who was moved by the State to Puerto Rico. Miller added that this story was corroborated by a defense witness, Miriam Mendez. Miller suggested that Rueckert was a witness, consequently, and asked that Rueckert withdraw from the case. Miller also sought to call Rueckert to refute Madeline’s testimony that she had never spoken with Rueckert prior to trial. Rueckert told the court that an airline ticket to Puerto Rico had been purchased for an individual who lived with the family at the request of Madeline’s mother. Rueckert stated that the individual had been threatened by the Latin Kings street gang. He did not know of any relationship between Evelyn, Madeline and this individual.

The court thereafter denied Miller’s motions for a mistrial, a continuance and to call Rueckert as a witness. The court stated that it would allow Miller to question Evelyn further in regards to whether she had a brother, but would not allow the defense attorney to question Evelyn beyond this matter. Evelyn was called to the court’s chambers where she identified the individual as Anderson Cortez, her brother. Anderson was approximately 20 years old and was also called “Nelson” and “Popo.” Evelyn stated that she had misunderstood Miller’s question earlier.

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Cite This Page — Counsel Stack

Bluebook (online)
512 N.E.2d 748, 159 Ill. App. 3d 494, 111 Ill. Dec. 359, 1987 Ill. App. LEXIS 2991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bunch-illappct-1987.