People v. Galvan

614 N.E.2d 391, 244 Ill. App. 3d 298, 185 Ill. Dec. 257, 1993 Ill. App. LEXIS 442
CourtAppellate Court of Illinois
DecidedMarch 31, 1993
Docket1-90-2094
StatusPublished
Cited by8 cases

This text of 614 N.E.2d 391 (People v. Galvan) 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. Galvan, 614 N.E.2d 391, 244 Ill. App. 3d 298, 185 Ill. Dec. 257, 1993 Ill. App. LEXIS 442 (Ill. Ct. App. 1993).

Opinion

JUSTICE CAHILL

delivered the opinion of the court:

Following a jury trial the defendant, John Galvan, age 18 at the time, was convicted of aggravated arson and the murder of two persons who died in the fire. He was sentenced to natural life imprisonment without parole. He contends on appeal: (1) the court erred in denying a motion to suppress his statement; (2) the court improperly excluded evidence during the hearing on the motion to suppress which showed lack of probable cause; (3) the court improperly limited the cross-examination of the detective who questioned the defendant; (4) the prosecutor improperly argued that witnesses feared the defendant; (5) the prosecutor presented improper and prejudicial evidence; (6) the court erred in denying the defendant the opportunity to offer evidence of the motives of other persons to commit the arson; (7) the aggravated arson statute is unconstitutional; and (8) the statute mandating a life sentence is unconstitutional. We affirm.

On September 21, 1986, at approximately 4 a.m., a fire swept through a house on 24th Place in Chicago. Two young men, trapped in an attic bedroom, died. Investigators suspected arson.

Nine months later, in June 1987, the police spoke to Rene Rodriguez, who told them that he and two of his friends, Jose Ramirez and Francisco Partida, were watching the fire on September 21 when he saw the defendant, the defendant’s brother, and another person named “Michael” also watching the fire.

The police then spoke to Jose Ramirez, who told them that seconds before the fire started he saw the defendant with a person named “Michael” and two other men walking together about a half block away from the house on 24th Place. Two of them turned around and looked at Ramirez. He recognized the defendant and Michael, who put the hood of his sweatshirt over his head when Ramirez looked at him. Within seconds of seeing the four men walk away, Ramirez heard an explosion and screams and saw the house on fire. The police showed Ramirez photographs, and he identified a picture of Michael Almendarez as the “Michael” he saw walking away from the house on the morning of the fire.

Michael Almendarez was brought to the station to be interviewed. The police advised him of his constitutional rights and told him that Ramirez said he saw him in the alley shortly before the fire started. Within three to five minutes after questioning began, Almendarez stated that the defendant and Francisco Nanez told him in October 1986 that they started the fire. He said that Nanez threw a beer bottle full of gasoline at the house and when it did not ignite, the defendant lit it with a cigarette. Almendarez said that he was not at the scene on the morning of the fire.

The police then arrested the defendant without a warrant, took him to the station, and advised him of his constitutional rights. Within an hour, the defendant admitted that he, Francisco Nanez, and Arthur Almendarez, Michael’s brother, started the fire because they believed that rival gang members lived in the house. He said the gang members had shot at him weeks earlier and he wanted to scare them. He told the police that Almendarez and Nanez bought the gasoline, put it in an empty beer bottle, and put a cloth in the top of the bottle. Nanez lit the cloth and threw the bottle at the house, but it did not ignite. The defendant then threw a cigarette at the side of the house and started the fire.

Before trial the defendant filed motions to quash his arrest and suppress evidence. At a hearing on the issue of probable cause, the court ruled that the information Michael Almendarez gave the police was reliable and corroborated and that there was probable cause to arrest the defendant.

At trial two alibi witnesses testified that the defendant was asleep at his grandmother’s house on the morning of the fire. The defendant also testified that he was at his grandmother’s house and that he signed his confession under duress. The jury convicted him of all counts.

The defendant first contends on appeal that the court erred in denying his motions to quash arrest and to suppress evidence. He argues that the arrest, made without a warrant, was based on the statement of Michael Almendarez and that his statement was not sufficient to constitute probable cause because Almendarez was a suspect and not credible. We disagree.

Probable cause to arrest exists when the facts and circumstances known by the police justify a reasonable belief that the person to be arrested has committed a crime. (People v. Pierson (1988), 166 Ill. App. 3d 558, 562, 519 N.E.2d 1185, 1188.) In this case, the police, before they arrested the defendant, were told by two people in addition to Almendarez that the defendant was at the scene on the night of the fire. Ramirez said he saw the defendant walking away from the house seconds before the fire. Rodriguez said he saw the defendant watching the fire. Almendarez told the police that the defendant admitted to him that he started the fire. When the information given by Almendarez corroborated what the police already knew, they arrested the defendant.

Information relied upon to establish probable cause to arrest must be supported by some “indicia” of reliability. (People v. James (1987), 118 Ill. 2d 214, 222, 514 N.E.2d 998, 1000.) This court will not reverse a trial court’s finding of probable cause to arrest unless it is manifestly erroneous. (People v. Trice (1991), 217 Ill. App. 3d 967, 974, 577 N.E.2d 1195, 1198.) The trial court decided that Almendarez was reliable because he was an identified person who had no criminal background and no motivation to lie. The court also decided that the defendant failed to show that Almendarez was coerced into making the statement. Almendarez implicated the defendant within five minutes after he began talking to the police. Although he was read his constitutional rights, he was not handcuffed and was not arrested. Detective Switski, who questioned Almendarez, testified that Almendarez was a possible suspect. We find no error in the trial court’s ruling based on this testimony.

The defendant next argues that the court excluded evidence at the hearing which tended to show lack of probable cause. He contends that the court abused its discretion when it excluded evidence of whether or not Almendarez was handcuffed on the way to the police station, evidence of how long Almendarez was at the station that night, evidence of how long Almendarez was at the station before he told them the defendant started the fire, and evidence that the police told Almendarez that they had witnesses who would put him “behind bars.” But the record shows that Almendarez testified he was not handcuffed and that he was in the interrogation room for eight hours that night. Also, Detective Switski testified that Almendarez implicated the defendant within three to five minutes after questioning began. As to the denial of Almendarez’s comment that the police told him that they had witnesses who would put him “behind bars,” the court has discretion whether to admit evidence and its decision will not be reversed absent a clear abuse of discretion resulting in manifest prejudice to the defendant. (People v.

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Related

People v. Almendarez
2020 IL App (1st) 170028-U (Appellate Court of Illinois, 2020)
People v. Galvan
2019 IL App (1st) 170150 (Appellate Court of Illinois, 2019)
People v. Cruzado
Appellate Court of Illinois, 1998
United States Ex Rel. Galvan v. Gilmore
997 F. Supp. 1019 (N.D. Illinois, 1998)

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Bluebook (online)
614 N.E.2d 391, 244 Ill. App. 3d 298, 185 Ill. Dec. 257, 1993 Ill. App. LEXIS 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-galvan-illappct-1993.