People v. Gomez

931 N.E.2d 1235, 402 Ill. App. 3d 945, 342 Ill. Dec. 52, 2010 Ill. App. LEXIS 653
CourtAppellate Court of Illinois
DecidedJune 30, 2010
Docket1-08-2266
StatusPublished

This text of 931 N.E.2d 1235 (People v. Gomez) 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. Gomez, 931 N.E.2d 1235, 402 Ill. App. 3d 945, 342 Ill. Dec. 52, 2010 Ill. App. LEXIS 653 (Ill. Ct. App. 2010).

Opinion

PRESIDING JUSTICE TOOMIN

delivered the opinion of the court:

We are called upon to determine whether the trial court’s in limine ruling curtailed defendant’s ability to corroborate his claim of self-defense through his former girlfriend. Defendant maintains the ruling, allowing introduction of defendant’s alleged threat on her life if she testified at variance with her grand jury testimony, effectively precluded him from calling her and furthering his defensive strategy.

Following a jury trial, defendant, Raul Gomez, was convicted of first degree murder and attempted first degree murder and sentenced to consecutive terms of 50 and 40 years’ imprisonment, respectively. Defendant now appeals contending the trial court erred by: (1) denying defendant’s motion in limine seeking to limit cross-examination of a defense witness; (2) allowing the introduction of his prior conviction; (3) refusing to instruct the jury on his provocation-passion theory of second degree murder; and (4) limiting the scope of the direct examination of the defendant. For the reasons that follow, we affirm.

BACKGROUND

Defendant, Raul Gomez, was charged by indictment with first degree murder, attempted first degree murder, aggravated battery with a firearm, and unlawful use of a weapon by a felon. The charges stemmed from an occurrence wherein Rafael Trujillo was fatally shot and Luis Aguirre sustained nonfatal gunshot wounds. Defendant was tried before a jury and convicted of first degree murder and attempted first degree murder. He was then sentenced to 50 years’ imprisonment for murder and a consecutive term of 40 years’ imprisonment for attempted first degree murder. Defendant does not challenge the sufficiency of the evidence or the sentence imposed. Consequently, we review only those facts necessary to understand and analyze the issues presented.

In October 2005, Luis Aguirre lived at 6217 South Taiman in Chicago, Illinois. Though the surrounding neighborhood was traditionally quiet, during the summer of 2005 changes occurred. Aguirre attributed them significantly to his neighbor’s son inviting young people over to congregate and drink on his property and adjoining residences. On several occasions, Aguirre complained to his neighbor, Pedro “Güero” Troncoso, who was in his mid to late teens, asking that he keep his friends off of Aguirre’s porch. The Troncosos lived in the house immediately to the south of the Aguirres. After Aguirre approached Troncoso about this issue, the problem temporarily abated, but reappeared when Greg Harris, who lived next door to the north, told Aguirre that people were hanging out on Aguirre’s porch in his absence. According to Aguirre, bottles were left in his bushes and in between his house and Harris’s house. Additionally, Troncoso’s visitors would urinate “all over the place. I couldn’t even sit in the front of my house because of the flies.” The problem continued.

On October 8, 2005, Aguirre and his close friend, Rafael Trujillo, attended a birthday party in Schaumburg, Illinois. Trujillo drove them in his Durango. They consumed approximately six or seven beers over about two to three hours at the party. En route home, they stopped at an establishment where Aguirre’s cousin worked and drank a “couple” more beers. Aguirre testified that he was “buzzed,” but not stumbling. He denied Trujillo, a physically larger man, was drunk.

They returned to Aguirre’s home around 1:40 a.m. on October 9. Eventually, Trujillo double-parked in front of Aguirre’s house. Trujillo exited the car, leaving the keys inside with the engine running. Aguirre observed a number of people congregating on his porch, Troncoso’s porch, and around the area. He was upset and angered by the scene and began yelling for Güero, to no avail.

Aguirre saw a number of unknown males and females gathered around his stairs and porch, “Laughing, drinking, getting loud.” Beer bottles were “everywhere.” He recalled:

“I was a little upset, and I told them to get the — I told them to get the fuck off my property, that I didn’t want them there. I told them, I kept screaming for Güero, because I knew those were his friends, so I told them to get the fuck out of here, and I was just pretty loud with them.”

Thereafter, Aguirre returned to Trujillo’s car to retrieve the keys because he was concerned someone would try to take the vehicle.

As he was yelling and swearing at the group, they began coming down the stairs. Defendant, whom Aguirre had never seen before, walked up to Aguirre and stared at him. Defendant asked if Aguirre knew who he was. In response, Aguirre asked defendant his name and what his problem was and told him to get off the property. In turn, defendant uttered something that Aguirre was unable to understand.

Aguirre then heard someone running through the gangway between his home and the Troncosos’ home. Defendant turned toward the gangway, and then back to Aguirre, put a gun against Aguirre’s chest, and fired. Aguirre heard ringing after the shot and felt pressure in his chest. He denied hearing defendant speak before firing. Aguirre then turned, saw blood on his hands and squirting from his chest, and fell to the ground. As he lay on the ground, Aguirre heard additional shots and heard Trujillo moan each time he was hit. Prior to the final two shots, defendant said something, which Aguirre could not hear. Aguirre never saw anyone else with a gun.

Aguirre and Trujillo were unarmed throughout the confrontation. Aguirre did not recall having anything in his hands and denied threatening, using force against, or touching defendant. Instead, he recalled, “I was just loud, that’s all. I just wanted them off my porch.” According to Aguirre, Trujillo was “mad” and screamed and yelled to disperse the group from Aguirre’s property.

On cross-examination, Aguirre denied telling a detective that he grabbed defendant’s arm. Also, he did not recall writing a statement the following day in his hospital bed, though he did recall talking to detectives. Aguirre noted the handwriting was “very sloppy” and that it was not like his handwriting. In the statement, Aguirre purportedly recalled that defendant got angry because Aguirre was leading him by the arm. Aguirre likewise denied that Harris attempted to intervene and that Aguirre responded that he did not need to call the police.

Greg Harris testified that friends of Güero Troncoso had been sitting on Aguirre’s porch when he was not at home. Starting at about 10 p.m. on October 8, Harris saw teenagers and young adults congregating on Aguirre’s porch. At around 1:30 a.m., while watching television, his attention was drawn to yelling at Aguirre’s porch. According to Harris, it “[s]ounded like [Aguirre], I knew he was probably just telling them to get off his porch as he’d done before.” Aguirre was yelling and swearing at the group. Harris looked out the window and saw Aguirre and his friend, with their car double-parked. Believing Aguirre was going to solve the problem, Harris went back to watching television.

The yelling did not stop and exchanges of words were heard.

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Bluebook (online)
931 N.E.2d 1235, 402 Ill. App. 3d 945, 342 Ill. Dec. 52, 2010 Ill. App. LEXIS 653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gomez-illappct-2010.