People v. Gonzalez

596 N.E.2d 783, 231 Ill. App. 3d 1071, 173 Ill. Dec. 159, 1992 Ill. App. LEXIS 1127
CourtAppellate Court of Illinois
DecidedJuly 10, 1992
Docket1-90-0690
StatusPublished
Cited by7 cases

This text of 596 N.E.2d 783 (People v. Gonzalez) 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. Gonzalez, 596 N.E.2d 783, 231 Ill. App. 3d 1071, 173 Ill. Dec. 159, 1992 Ill. App. LEXIS 1127 (Ill. Ct. App. 1992).

Opinion

JUSTICE LaPORTA

delivered the opinion of the court:

Defendant was convicted of attempted first degree murder, armed violence and three counts of aggravated battery. Defendant was sentenced to an extended term of 50 years on the attempted murder and not sentenced on the other charges. Defendant appealed, raising as issues: (1) whether defendant was denied a fair trial by admission into evidence of a letter defendant contended was wholly devoid of probative value and served only to mislead and distract the jury, (2) whether the circumstances of the offense were accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty so as to qualify the defendant for the extended-term sentence; and (3) whether the sentencing court abused its discretion when it considered aggravating and mitigating factors.

Defendant was indicted for attempted first degree murder, armed violence and three counts of aggravated battery. A codefendant, Joseph Aponte, also was indicted on the same charges in a separate indictment. His case was severed before trial, he pled guilty and was sentenced to nine years in prison.

The trial judge denied defendant Gonzalez’ pretrial motion in limine to bar admission of a letter allegedly written by defendant to Aponte while the two were in jail. The trial judge ordered that a redacted version of the letter be prepared for possible admission at trial. The letter appeared to advise Aponte that he should deny that defendant was involved in the shooting.

At trial, the shooting victim, Dennis Funches, testified that at approximately 3:50 p.m. on February 17, 1989, he went to a liquor store to buy candy with three friends. He testified that he and Raoul Diaz waited outside while Jeffrey Akins and Terry Agee went inside. Funches testified that a few minutes later, two men came out of the store and one man carried a bag. Funches identified defendant as the second man and stated that the first man handed the bag to defendant, who then pulled out a gun. Funches testified that defendant then shot him once from about two feet away after saying, “What’s up, folks, GK.” Funches admitted that he was a member of a street gang whose members refer to themselves as “folks” and that GK means “Gangster Killer.”

He admitted that he considered defendant’s gang an enemy. He denied that he had threatened defendant or flashed any gang signs in his direction.

Funches testified that he viewed the defendant for 30 seconds before the shooting. He testified that he was taken to the hospital and learned he had a bullet lodged in his spine. He testified that he identified defendant from a photo lineup while at the hospital and later in a physical lineup at the police station.

Jeffrey Akins, Funches’ cousin, testified that when he went into the store he saw two men that he had never seen before. He stated that in the store defendant spoke the gang slogans “GK,” “RK” and “DK.” He testified that the man who came into the store with him was a member of a street gang. Akins testified that defendant told him, “When you all go outside I got something for you all.” He testified that as the defendant and his companion left the store he saw the defendant take a gun from the other man, exit the store and shoot Funches, who was standing outside the store. He testified that defendant then shot Diaz, who was standing next to Funches, and the two assailants fled. He testified that he could see what was going on through a picture window in the store front.

Akins testified that he identified both the defendant and his companion for police. He testified that at the time of the shooting he was not a member of a gang but at the time of the trial he was a gang member. He testified that before the shooting he tried to warn Funches and Diaz by knocking on the store window but he was too late.

Elizabeth Rosario, the mother of defendant’s child, testified that between 2:30 and 3:30 p.m. on February 17, 1989, she asked defendant to buy some laundry detergent for her. She testified that she gave defendant $5, and that she went to the laundromat. She testified that sometime later she heard that a shooting had occurred at the store across the street.

She testified that defendant had written many letters to her and that he went by the nickname of “Little Man.” She identified the handwriting in the redacted letter, discussed before trial, as having been written by defendant.

Roberto Almododar, a sales clerk at the liquor store, testified that defendant came into his store with a friend to buy laundry detergent at approximately 3:45 p.m. on February 17, 1989. He testified that the two men had a little argument with two other men and he heard someone say, “Let’s take it outside.” He testified that he saw the defendant’s companion pass a gun to the defendant as they walked out the door and then defendant shot a black man who had remained outside. He testified that he had seen defendant in the store on two or three other occasions.

Four Chicago police officers testified about the action that led up to Aponte’s arrest at the scene. They testified with regard to defendant’s arrest four months later and the witnesses’ identifications of both defendant and Aponte through photo displays and physical lineups. One officer testified that defendant admitted to him that his nickname was “Little Man.”

A corrections officer testified that a letter was found in Aponte’s jail cell in October 1989. The record contains the letter, dated August 29, 1988, and a photocopy of the redacted version which includes the same text read to the jury at trial. The record is unclear as to whether the jury saw the physical copy of the letter; however, the jury was read this redacted portion of the letter:

“Brother Bugs. Well, Brother may the blessing of the Almighty Ray. Be with you. Bugs, how you doing over there? *** Whatever you do, don’t say shit to your PD about me because he’s probably going to try to fuck me up. And it ain’t going on. If he ask you about me, you tell him that I was nowhere in the vicinity where the shit happened. He’s going to try to make you say that I was the gunner so you could get less time. Büt when he does, you tell that son of a bitch it ain’t going on. Because if the victim doesn’t show, we got it beat out. And we will go to the crib by law. So, be cool and be patient. *** All for now Amor Brother. See you in court[.] Amor De La Whipple [and] Wabansia. Love, Little Man. Write back soon.”

The parties stipulated that if Funches’ surgeon were to testify he would state that Funches underwent six hours of surgery, had been shot at close range and now had a bullet lodged in his spine leaving Funches a paraplegic.

Another stipulation was entered that Akins admitted to police that he was a member of a street gang at the time of the shooting.

Ramon Herrara, who lived about IV2 blocks from the shooting, testified for the defense. He testified that he had hired defendant to do drywall work on his basement on the day of the shooting. He testified that when he returned to his home at approximately 3:30 p.m. he found defendant “still working on the basement” and that by 6 p.m. defendant had done “quite a bit” of work.

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Cite This Page — Counsel Stack

Bluebook (online)
596 N.E.2d 783, 231 Ill. App. 3d 1071, 173 Ill. Dec. 159, 1992 Ill. App. LEXIS 1127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gonzalez-illappct-1992.