People v. DeSantiago

850 N.E.2d 866, 365 Ill. App. 3d 855, 303 Ill. Dec. 61, 2006 Ill. App. LEXIS 349
Appellate Court of Illinois·Decided April 28, 2006·No. 1-03-3695·Published·Cited by 53 cases

Opinion

JUSTICE TULLY

delivered the opinion of the court:

In sum, the incident giving rise to this appeal occurred as follows. Defendant-appellant, Carlos Desantiago (defendant), and his friend, Arthur Guerrero, both Latin King gang members, were traveling in a white van in the early morning of September 9, 2001. While driving near the intersection of West 26th Street and South Hamlin Avenue in Chicago, Illinois, defendant and Guerrero became involved in a verbal altercation with three young males, all three of whom were members of the rival Two-Sixers gang. After exchanging gang signs and gang slogans with the three males, defendant briefly exited the white van and, holding a metal object in his hands, confronted the three males. After a brief verbal altercation, defendant reentered the white van.

After reentering the white van, defendant drove the white van onto the sidewalk where the three males were walking. Two of the males, Jason Balboa and Alberto Ruiz, were able to run into the street and avoid being struck by the white van driven by defendant. However, one of the three males, Eduardo Plomero, was struck and driven over by the white van. Eduardo Plomero was taken to the hospital and later died of the injuries he sustained from being struck and driven over by the white van.

Following a jury trial in the circuit court of Cook County, defendant was found guilty of first degree murder of Eduardo Plomero, attempted first degree murder of Jason Balboa, and attempted first degree murder of Alberto Ruiz.

On appeal, defendant contends that plaintiff-appellee, the People of the State of Illinois (the State), engaged in intentional misconduct and contends that the trial court made numerous errors such that defendant was deprived of a fair trial. Specifically, on appeal, defendant contends that (1) the State’s comments during closing argument incited the jury to act on passion and outrage rather than on the evidence offered during the course of the trial; (2) the State’s comments at different times during the trial wrongly suggested that defendant’s trial counsel had convinced witnesses to offer false testimony at trial; (3) defendant was denied his constitutional right to confront the witnesses against him when, following Guerrero’s claimed memory failure at trial, Guerrero’s grand jury testimony was read to the jury; (4) defendant was substantially prejudiced by the coroner’s conclusion at trial that the cause of Plomero’s death was “homicide”; and (5) the cumulative effect of the trial court errors and the State’s improper conduct resulted in a denial of defendant’s right to a fair trial. For the following reasons, we affirm defendant’s convictions.

FACTS

The record sets forth the following additional relevant facts. After striking and driving over Plomero with the white van in the early morning of September 9, 2001, defendant crashed the white van between a building and a concrete bench near the intersection of West 26th Street and South Hamlin Avenue. Once the white van crashed, defendant and Guerrero exited the white van and both fled the scene on foot.

Officers Bert Munguia and David Rodriguez were on patrol near the intersection of West 26th Street and South Hamlin Avenue during the early morning of September 9, 2001. Upon observing the white van travel onto the sidewalk in pursuit of the three males, the officers immediately traveled to the scene. While en route to the scene, the officers were unable to observe the white van and, therefore, the officers did not observe the white van strike and drive over Plomero. When Officers Munguia and Rodriguez arrived at the scene, the white van had crashed and defendant and Guerrero were running from the crashed van at a “suspicious” pace.

While Officers Munguia and Rodriguez were unable to observe the white van strike Plomero, Arnaldo Orozco, whose car was stopped at the traffic light at the intersection of West 26th Street and South Hamlin Avenue, witnessed the incident and testified at trial as to what he observed. Orozco confirmed that the white van was traveling on the sidewalk at a rate of approximately 30 to 40 miles per hour. Orozco also observed the white van pursuing three males, all of whom attempted to run away from the fast-approaching white van.

Orozco further testified that while two of the males were able to avoid the oncoming white van by running off the sidewalk and into the street, the third male, who turned out to be Plomero, was unable to do so and was struck by the front passenger’s side of the white van. Orozco stated that, after striking Plomero, the white van continued on and drove over Plomero, ultimately crashing between a concrete park bench and a building. Orozco testified that following the crash, he observed two men exit the driver’s-side door of their white van and flee the scene on foot. Orozco testified that after he observed the incident, he drove his car away from the scene and did not report the incident based on his fear that the incident was gang-related and based on his concern of gang retaliation.

Upon arriving at the scene, Officers Munguia and Rodriguez stopped defendant and Guerrero, who had been fleeing the scene at a “suspicious” pace. Defendant told Officer Rodriguez that someone had forcefully attempted to obtain possession of the white van. While they were speaking with defendant and Guerrero, Officers Munguia and Rodriguez heard what they believed to be loud breaking glass or gunshots originating from the area of the crashed white van. Both Officer Munguia and Officer Rodriguez immediately ran toward the scene of the crashed white van. Defendant and Guerrero once again fled the scene on foot.

After fleeing the scene on foot, defendant placed a telephone call to his girlfriend, Belin Avalos. During their conversation, defendant stated that he had been chased by three males and admitted to Avalos that he may have driven over one of the three males. Defendant instructed Avalos to contact the Chicago police department and falsely report that the white van had been stolen. Defendant also instructed Avalos to inform anyone who inquired as to his whereabouts that he was in Kankakee for the weekend with Avalos’s brother.

After speaking with defendant, Avalos traveled to the Chicago police department and attempted to file a false report that the white van had been stolen; however, Avalos was unable to do so because she did not have the white van’s vehicle identification number. By the time Avalos returned from the police station, defendant was already at their residence in Berwyn, Illinois.

When Officers Munguia and Rodriguez left defendant and Guerrero and approached the scene of the crashed white van, the officers observed two males smashing the windows of the white van with bolt cutters. The two males, later confirmed to be Balboa and Ruiz, were apprehended by the officers and taken to the tenth district Chicago police station. At that time, Balboa and Ruiz informed Officers Munguia and Rodriguez that the driver of the white van had attempted to run over the three males and the third male, Plomero, was still missing.

In response to a radio assignment, Officer Pruger reported to the scene of the crashed white van.

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People v. DeSantiago, 850 N.E.2d 866, 365 Ill. App. 3d 855, 303 Ill. Dec. 61, 2006 Ill. App. LEXIS 349 (Ill. Ct. App. 2006).

850 N.E.2d 866 (People v. DeSantiago) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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