People v. Calderon

407 N.E.2d 840, 85 Ill. App. 3d 1030, 41 Ill. Dec. 342, 1980 Ill. App. LEXIS 3178
CourtAppellate Court of Illinois
DecidedJune 24, 1980
Docket79-450, 79-463 cons.
StatusPublished
Cited by12 cases

This text of 407 N.E.2d 840 (People v. Calderon) 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. Calderon, 407 N.E.2d 840, 85 Ill. App. 3d 1030, 41 Ill. Dec. 342, 1980 Ill. App. LEXIS 3178 (Ill. Ct. App. 1980).

Opinion

Mr. PRESIDING JUSTICE PERLIN

delivered the opinion of the court:

Defendants, Morris Calderon and Vincent Galvan, were charged by indictment with the murder of Jimmie Vargas. Calderon requested a bench trial which was conducted simultaneously with the jury trial of his co-defendant Galvan. Both defendants were found guilty of murder; they were sentenced, respectively, to serve 20- and 24-year terms in the State penitentiary. Each defendant appeals his conviction. We consider the following issues for review: (1) whether the police had probable cause to arrest defendant Calderon; (2) whether defendant Calderon was convicted of murder beyond a reasonable doubt; (3) whether defendant Galvan was convicted of murder beyond a reasonable doubt; and (4) whether the prosecutor’s remarks during closing argument were improper.

For the reasons hereinafter set forth, we affirm the convictions of both defendants, Calderon and Galvan.

Jimmie Vargas (hereinafter referred to as the victim) was fatally wounded when shots were fired into a group of people gathered in front of the building at 2611 South Sawyer in Chicago, Illinois. The incident occurred at approximately 10 p.m. on July 21, 1977, and the victim subsequently died on August 1, 1977, as the result of the shooting. Defendants Calderon and Galvan were indicted for the murder of Vargas. Prior to trial, both defendants moved to quash their arrests and to suppress their subsequent identification. The evidence adduced at the hearing and the trial follows.

Galvan testified that at approximately 11:30 p.m. on the night in question he and Calderon, both members of the “Latin Kings” street gang, were riding in the latter’s blue 1965 Mustang when they were stopped by police officers. Defendants got out of their car and when they told the police their names, they were handcuffed and arrested. They were placed in the back seat of the squad car and transported to St. Anthony’s Hospital. One officer drove them, and the other officer followed in Calderon’s automobile. While the squad car was parked in front of the hospital, five members of the “Ambrose” street gang approached defendants and yelled, “We got you now; don’t think you are going to get away with this.”

Calderon’s testimony substantially corroborates Galvan’s recitation of the events of the night in question. However, Calderon added that he met Galvan at approximately 9:30 p.m. and the two proceeded to drive around. They made one stop where a girl took a photograph of them and then they went to the residence of Ralph Perea where they remained from approximately 9:45 p.m. to 10:50 p.m.

Investigator Steven Steele, a Chicago police officer, testified that on the night of July 21,1977, he and his partner, investigator John Schaefer, were patrolling when they received a “flash message” regarding a suspect, Vince Galvan, and an older model blue Mustang, wanted in connection with a shooting. The officers were not given a description of any other suspect or any other names of individuals in connection with the crime. Within a short period of time the officers noticed a blue Mustang, which they stopped. Galvan, who was the passenger, got out and approached the officers. When defendant Galvan gave the officers his name, both defendants were arrested and placed in the squad car. Officer Steele called the radio dispatcher and was informed that the persons involved with the shooting were at St. Anthony’s Hospital. Officer Schaefer drove defendants to the hospital in the squad car, and Steele followed in the Mustang. Upon arrival at the hospital, Steele noticed a group of “Latins” approach the squad car, “yelling, that’s them, that’s the car.” In denying defendants’ motion to quash the arrests the trial court stated:

“Nothing wrong with the stopping of the car. Apparently, the description was good enough to get the guy they wanted to, namely, Vincent Galvan. I see nothing wrong with the police arresting the two individuals in the car because of the shooting. I see nothing wrong with going over to St. Anthony’s Hospital.”

Donasiano Limes testified that on July 21,1977, at approximately 6:30 p.m. he arrived at 2619 South Sawyer where he remained for several hours. He sat outside the building with a group of people, some of whom were fellow members of the “Ambrose” street gang. During this time he consumed about a quart of beer. At approximately 9:40 p.m. he saw both defendants drive past the building in a blue Mustang with a black vinyl top. Limes knew that both Calderon and Galvan were members of the “Latin Kings” and that Galvan had previously been a member of the “Ambrose” but had changed gangs. He knew Calderon only by the nickname “Moe.” About 20 minutes later Limes was sitting on the front steps of the house at 2618 South Sawyer when he heard a gunshot, followed by a short silence and then four or five more shots. There were bushes in front of the steps where Limes sat, and there were cars parked on both sides of the street. Upon hearing gunshots, Limes looked across the street and saw Galvan fire the shots and noticed Calderon with him in the gangway. He “stooped down” and went behind some bushes that were to the left of the steps. After the firing ceased, he looked up and saw both defendants run down the gangway to an alley where there was a blue Mustang. Although Limes originally testified that the gangway was directly across from the 2619 South Sawyer building, he later stated that the gangway was located two houses south of the building and across the street. After the last shot was fired, Limes went to the victim and took him to St. Anthony’s Hospital. At the hospital Limes described to police officers what he had seen. He stated that he described “Moe” to the police as wearing a Latin Kings’ sweater. He later saw both defendants at the hospital.

Marvin Olvera testified that he was a member of the “Ambrose” street gang. He admitted that he had previously been convicted of armed robbery and of contributing to the delinquency of a minor. On the night in question he arrived at 2619 South Sawyer at about 7 p.m. He began drinking at about 9 p.m. and consumed a quart of beer. At 9:30 he saw Galvan and Calderon drive past the building in a blue Mustang with a black top. He stated that Galvan had previously been a fellow member of the Ambrose gang but was a member of the Latin Kings on the night in question. At 10 p.m. Olvera heard a gunshot, followed by several other shots. He was standing on the left side of the stairs when the first shot was fired, and he “started to drink” and moved around some bushes. He testified that he saw Galvan standing in the gangway across the street and that Galvan was firing the shots. Calderon was with Galvan at the time and was wearing a black and white sweater. He stated that after the firing ceased, he ran across the street and down the gangway after the shooters. He further testified that he observed the defendants enter a blue Mustang with a black vinyl top and leave the scene. Olvera stated that he had seen two people and a “shadow,” although at the preliminary hearing in this matter he stated that there “was a third person in there.” Additionally, he testified that he had told plainclothes police officers that he had seen three individuals at the time of the shooting. He did not give a description of the assailants to the police officers at the scene, although he did tell them the names of the individuals involved whom he had seen.

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Bluebook (online)
407 N.E.2d 840, 85 Ill. App. 3d 1030, 41 Ill. Dec. 342, 1980 Ill. App. LEXIS 3178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-calderon-illappct-1980.