People v. Carrizales

608 N.E.2d 30, 240 Ill. App. 3d 893, 180 Ill. Dec. 908
CourtAppellate Court of Illinois
DecidedFebruary 3, 1993
Docket1-91-1759, 1-91-1772 cons.
StatusPublished
Cited by13 cases

This text of 608 N.E.2d 30 (People v. Carrizales) 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. Carrizales, 608 N.E.2d 30, 240 Ill. App. 3d 893, 180 Ill. Dec. 908 (Ill. Ct. App. 1993).

Opinion

JUSTICE CERDA

delivered the opinion of the court:

After a joint jury trial, defendant Thomas Carrizales was convicted of first degree murder (Ill. Rev. Stat. 1989, ch. 38, par. 9 — 1) and defendant Hector Carrizales was convicted of first degree murder under the accountability theory (Ill. Rev. Stat. 1989, ch. 38, pars. 9— 1, 5 — 2(c)). Thomas was sentenced to 34 years’ imprisonment, and Hector was sentenced to 28 years’ imprisonment. On appeal, Hector asserts that he should not be held accountable for the shooting committed by Thomas. We agree. Thus, we reverse Hector’s conviction.

Thomas asserts on appeal that he was denied a fair trial because (1) the prosecutor repeatedly insinuated that he had committed another crime for which no evidence was presented; and (2) the trial court gave the jury the prior inconsistent statement instruction even though the differences between his trial testimony and his custodial statement were insignificant. We affirm Thomas’ conviction.

Between 4 and 4:30 a.m. on April 16, 1989, Gilbert Trinidad was shot and killed in the crowded pool room of Roma’s Bar at 9247 South Commercial Avenue in Chicago.

Frederick Medrano, who was playing pool when defendant Thomas walked into the pool room, testified that Thomas went up to Gilbert and asked him for a cigarette. When Gilbert refused, Thomas shot him at close range. Medrano stated that Gilbert did not hold his pool cue in a threatening manner or use it to defend himself. Thomas’ back was to Medrano when the shots were fired less than a minute after Thomas arrived. Medrano further testified that he did not see Hector in Roma’s that night.

Chicago police officer Ronald Guerrero was in Roma’s at the time of the shooting. He was off duty and in plainclothes. Guerrero testified that he heard shots fired in the adjacent pool room. Thomas walked into the bar from the pool room waving his gun and then walked toward the back door. When Medrano told Guerrero that Thomas had just shot someone, Guerrero announced that he was a police officer and ordered Thomas to stop. Thomas continued walking toward the back door and pointed his gun at Guerrero. At that point, Guerrero went to the side of the juke box and fired three rounds at Thomas before Thomas went out the back door.

The autopsy indicated that Gilbert was shot at close range. Five bullets and other bullet fragments were recovered from the body. The bullets that entered Gilbert’s right center back, right back shoulder, right armpit, left abdomen, and left hand were all surrounded by stippling, indicating that he had been shot at close range. In addition, there were other graze wounds and a bullet lodged in his right thigh.

Gennaro Castillo, a close friend of Gilbert’s, testified that, on the evening of April 15, 1989, he and Gilbert went to Just Jim’s Bar, which is located at 108th Street and Ewing Avenue in Chicago. There, Castillo saw Thomas, Hector, and Philip Carrizales, although he did not talk to them. Two hours later, Castillo and Gilbert left Just Jim’s and went to Roma’s, where they ordered drinks and played pool. About lVz hours later, Castillo saw Thomas, Hector, and Philip arrive. Hector approached Castillo and asked him for a sip of his drink. Castillo gave both Hector and Thomas a drink.

After a few minutes, Hector asked Castillo to come to his car where he had something to drink. Leaving the bar, Castillo told Gilbert to “watch his back.” Thomas stayed in the bar and was about 10 feet from Gilbert when Castillo and Hector left. Castillo and Hector walked to Hector’s car, which was parked near Roma’s back door. On the way to the car, Hector told Castillo that he knew that Castillo and Gilbert were friends, that Gilbert’s cousin had “fucked up,” and that something might happen or was going to happen to Gilbert. Hector did not want it to come between their friendship.

Hector got into the driver’s seat of the car and reached over to open the passenger door for Castillo. As Castillo was getting into the car, he heard gunshots coming from inside Roma’s. Hector started the car, and Castillo saw Thomas running from Roma’s back door toward the car. Castillo ran toward the front of Roma’s. As he ran, he looked back and saw the car drive away. According to Castillo, there were two people in the car as it drove through the alley.

Cynthia Wills, who was Gilbert’s girlfriend, testified that she was across the street from Roma’s when she saw Hector and Castillo leave the bar and walk to the vacant rear lot. A few minutes later, she saw people running out of Roma’s. Then, she saw Hector drive by the bar twice. He was alone in the car.

Moments later, Chicago police officer John Kubiak responded to a police radio message that Officer Sanchez was in pursuit of one of the suspects. The chase was going westbound on 92nd Street so Kubiak drove eastbound on 92nd Street. Hector was intercepted on 92nd Street east of Commercial Avenue, which was one block north of Roma’s. There was no one else in the car.

Ruben Rizo, a friend of Gilbert’s, testified that a couple of weeks before the shooting, he, Gilbert, and Benigno Sentano were in Denny’s Bar, which is across the street from Roma’s. Hector approached Gilbert and a heated argument ensued. Hector said something about Gilbert’s cousin and then threatened to kill Gilbert. The trial court admonished the jury that Rizo’s testimony regarding the argument between Gilbert and Hector was not admissible against Thomas. Benigno Sentano, also a friend of Gilbert’s, testified to the same incident in substantially the same way.

In his own behalf, Thomas testified that he had been drinking since 7 p.m. on Friday, April 15, 1989. He and his brothers, Hector and Philip, had been to their uncle’s house and to several bars, including Just Jim’s Bar, before they went to Roma’s Bar after 4 a.m.

Thomas was carrying a loaded gun that he began carrying six years earlier when he and his brother, Peter, were shot by Gilbert’s cousin as they walked down the street. Thomas was shot in the face, and Peter was killed. At the time of Gilbert’s shooting, Thomas claimed that he did not know that it was Gilbert’s relative who had previously shot him and killed his brother. He testified that he did not even know Gilbert. In addition, Thomas stated that Hector did not know that he was carrying a gun on the night of Gilbert’s shooting.

When the three brothers arrived at Roma’s, they parked in the back because there were no spaces on the street. Hector kept the car keys. After going in through the front door, Thomas saw Gilbert playing pool with his friends. An angry Gilbert and his five friends stepped toward Thomas with their pool cues in their fists. When Gilbert reached for something in his pocket, Thomas thought he was going to shoot him, so he pulled his .357 revolver from his waistband and shot Gilbert twice from a distance of 10 to 12 feet.

After Thomas fired the shots, he heard screaming and someone began shooting at him. The bar was smoky and crowded, and he did not know who was shooting at him. He did not hear Officer Guerrero announce that he was a police officer. Thomas ran to the washroom and then crawled down the back hallway toward the back door. After some difficulty, he went out the back door.

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Bluebook (online)
608 N.E.2d 30, 240 Ill. App. 3d 893, 180 Ill. Dec. 908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carrizales-illappct-1993.