People v. Gil

608 N.E.2d 197, 240 Ill. App. 3d 151, 181 Ill. Dec. 124, 1992 Ill. App. LEXIS 2022
CourtAppellate Court of Illinois
DecidedDecember 14, 1992
Docket1-90-3615, 1-91-0233 cons.
StatusPublished
Cited by8 cases

This text of 608 N.E.2d 197 (People v. Gil) 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. Gil, 608 N.E.2d 197, 240 Ill. App. 3d 151, 181 Ill. Dec. 124, 1992 Ill. App. LEXIS 2022 (Ill. Ct. App. 1992).

Opinion

JUSTICE CAMPBELL

delivered the opinion of the court:

Following a double jury trial in the circuit court of Cook County, defendants Mynor Gil and George Perez were found guilty of first degree murder. Perez was sentenced to 25 years’ imprisonment; Gil was given a 20-year sentence. Defendants filed separate appeals, which this court consolidated. For the following reasons, we affirm.

The records on appeal indicate that following hearings on motions in limine and jury selection, the State called Chicago police officer Paul Velasquez as the first witness at trial. Officer Velasquez testified that on November 21, 1988, he was off duty, driving northbound on Western Avenue. He was slowing down for a stoplight near 18th Street when he heard two gunshots. Officer Velasquez looked to his right, where he saw a silver 1975 Ford Grenada stopped alongside a Chicago Transit Authority (CTA) bus shelter. He saw the car speed away from the shelter and noticed a man standing inside the enclosure. The car turned onto 18th Street, where it again stopped even with the bus shelter. Officer Velasquez then saw and heard three or four more gunshots from the rear passenger side of the Grenada, fired toward the man at the shelter, who was later identified as Epifanio Guzman Mendez. At the same time, Mendez picked up a bottle and threw it toward the car; the bottle fell short of the car. The Grenada sped away and Mendez fell to the ground. Officer Velasquez went to a nearby telephone to notify the police of the shooting and give a description of the car.

Officer Velasquez then returned to the scene of the shooting to attempt to aid the victim. Shortly thereafter, the first police car and an ambulance arrived on the scene. About 15 minutes later, Velasquez saw police officers return with the Grenada. According to Velasquez, he did not see any other persons or cars in the area at the time of the shooting.

On cross-examination before the Perez jury, Officer Velasquez admitted he did not see the first two gunshots. He also stated that the intersection where the shooting occurred is a well-lit main intersection. On cross-examination before the Gil jury, Officer Velasquez admitted that he could not see Mendez when he heard the first shots. He also added that he found glass on Western Avenue in the area where the bottle fell.

Chicago police officer David Koziol testified before both juries that on the date in question, he responded to the report of the shooting. While at the scene, he saw Officer Ann Cleary arrive in a silver Ford Grenada, search the car and recover a chrome revolver from the rear driver’s area. Officer Koziol also recovered a fired bullet from the rear of the bus shelter.

On cross-examination before the Perez jury, Officer Koziol testified that he also saw Officer Cleary remove six spent cartridges from the revolver. Officer Koziol took no pictures of the Grenada, but observed nothing unusual, such as broken windows or bullet holes, to photograph. Officer Koziol stated that a photograph was taken of the bullet hole in the bus shelter. On cross-examination before the Gil jury, Officer Koziol stated that he did not find any broken glass at the scene and that Officer Velasquez did not direct him to broken glass. He also stated that he did not examine the Grenada for bullet holes and did not observe the passenger side of the car at the scene.

Officer Ann Cleary testified before both juries that she heard the reports of the shooting while on patrol on the night in question. The radio message also contained a description of the silver Grenada. At the intersection of Roosevelt and Loomis, she saw a silver Grenada containing four male Hispanics driving eastbound on Roosevelt and turning onto Loomis. Officer Cleary and her partner followed the Grenada for several blocks, when the Grenada turned the wrong way onto a one-way street. Officer Cleary activated the squad car’s mars lights and attempted to stop the Grenada. Officer Cleary saw the left rear passenger bend down and sit up several times. The Grenada stopped over a full city block later.

Officer Cleary testified that the occupants of the Grenada were ordered out of the car. Officer Cleary stated that the driver was later known as Horatio Albor, the front passenger was later known as Manuel Sifuentes, the right rear passenger was later known as Perez and the left rear passenger was known as Gil. Officer Cleary stated that it was Gil whom she saw bending down and sitting up while she was stopping the Grenada. She drove the Grenada back to the scene of the shooting, where it was identified by Officer Velasquez. Officer Cleary searched the car, finding a chrome .357 Smith & Wesson revolver with six spent cartridges under the rear driver-side seat. The car, gun and bullets were taken to the police station. The gun and bullets were identified in court by Officer Cleary. On cross-examination before the Perez jury, Officer Cleary stated that there was no high-speed chase involved and that she saw no bullet holes or broken windows on the Grenada.

Officer Vincent Lomoro, who was employed for 26 years in the firearms identification section of the Chicago police department crime laboratory, testified that after examining the bullet recovered from the scene and the gun recovered from the Grenada, he concluded that the gun had fired the bullet.

Officer James Spratte, a gang crimes specialist with the Chicago police department, testified that in November 1988, The La Raza and Party People street gangs were at war with the Disciples street gang. Officer Spratte identified Gil as a member of La Raza and Perez as a member of the Party People.

Doctor Tae An, an assistant medical examiner for the Cook County medical examiner’s office, testified that he performed an autopsy on Mendez on November 22, 1988. Dr. An observed that Mendez had suffered bullet wounds to the back and mid-abdomen. As a result of the autopsy, Dr. An concluded that the cause of Mendez’ death was the gunshot wound to the back.

Detective Michael Puttin testified that on November 21, 1988, he was assigned to the shooting at issue. Arriving at the police station, he discovered that four suspects had been taken into custody and were being held in the same room. Detective Puttin immediately instructed officers to separate the suspects. Before their respective juries, Detective Puttin testified that after informing defendants of their constitutional rights he obtained statements from each. He then contacted the State’s Attorney’s office felony review unit. In the early morning hours of November 22, 1988, Assistant State’s Attorney James Tyrell arrived and, after informing defendants of their constitutional rights, obtained signed written statements from Gil and Perez.

James Tyrell corroborated these later events in his testimony before each jury. He then published each defendant’s written statement to his respective jury, the contents of which were similar to the oral statements to which Detective Puttin had testified.

In his written statement, Gil indicated that on the night in question, he and others planned their evening and decided they would “get some Disciples” because a friend of Perez had been hospitalized after being beaten by the Disciples. When Perez got into the back seat of the car, Gil saw Perez had a gun.

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Cite This Page — Counsel Stack

Bluebook (online)
608 N.E.2d 197, 240 Ill. App. 3d 151, 181 Ill. Dec. 124, 1992 Ill. App. LEXIS 2022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gil-illappct-1992.