People v. Gonzalez

617 N.E.2d 325, 247 Ill. App. 3d 370, 187 Ill. Dec. 117, 1993 Ill. App. LEXIS 738
Procedural entryThis page is a short order in People v. Gonzalez. Read the opinion of the Court — 238 Ill. App. 3d 303
Appellate Court of Illinois·Decided May 26, 1993·No. No. 1—90—3052·Published

Opinion

JUSTICE CERDA

delivered the opinion of the court:

After a jury trial in the circuit court of Cook County, defendant Delilah Gonzalez was convicted of first-degree murder and sentenced to a 40-year term of imprisonment. On appeal, she argues that the prosecutor’s closing argument denied her right to a fair trial. In addition, defendant asserts that the sentence was excessive.

The evidence presented at trial revealed that Anthony Bruno was fatally stabbed in the chest on a Chicago Transit Authority bus around 5 p.m. on September 18, 1988. Sandra Borges testified that she was a passenger on that bus at the time of the incident. She recalled that three people boarded the bus at Fullerton and Austin. Borges testified that she thought all three individuals were males. They moved to the back of the bus, speaking Spanish and some English. When the victim, Anthony Bruno, entered the bus, one of the three individuals stated that they were Cobras and Bruno was a Gay-lord, a rival gang. Bruno sat across from Borges.

One of the three individuals then walked to the front of the bus, one stood near the rear exit door and one stood next to the victim. The two people in the rear of the bus looked at each other and then one stabbed the victim while the other held the rear door open. The three individuals fled. Borges testified that she did not get a good look at them. Further, she never heard anyone state that he or she wanted to stab someone.

Timothy Kimbler was a passenger on the bus with his girl friend, Sherry Burris. Kimbler and Burris sat near the back of the bus. Three Hispanics boarded the bus at Austin Avenue and walked to the rear of the bus. Defendant, who Kimbler thought was male, began fondling a five-inch brown knife which was closed. Burris then moved one seat forward and defendant changed seats. One of defendant’s companions wrote graffiti on the windows of the bus with white shoe polish. In addition, defendant motioned toward the victim and said, “Gaylord.” Defendant then handed the knife to one of her companions and the other companion walked to the front of the bus. As the bus slowed, the individual who had written the graffiti opened the knife. Defendant stood at the rear door of the bus. When the bus stopped, defendant’s companion stabbed the victim in the chest and then ran to the rear door, which defendant was holding open.

Kimbler subsequently traveled to the police station. He identified defendant’s companion who wielded the knife and defendant in separate lineups. At that time, Kimbler learned that defendant was female.

Sherry Burris corroborated Kimbler’s testimony concerning the events surrounding the murder. She further testified that the stabber wrote “STM” on the window, and the defendant stated, “I’ll hold the door open.” Burris also identified defendant and her companion in lineups.

Alana Freeman, the bus operator, testified that she was driving the bus on Fullerton Avenue. As she approached the intersection of Fullerton and Kildare, one individual walked to the front of the bus while his companions remained in the rear. One of them signalled for a stop. Freeman stopped the bus and, after a few seconds, looked in her rearview mirror to determine why the rear door remained open. She saw one of them holding the door open.

After the three individuals exited the bus, Freeman was informed that someone had been stabbed. She requested assistance and then held the victim, who died in her arms. Freeman further testified that she noted white graffiti on a rear window of the bus which had not been there when she started her shift.

Detective Phillip Boyle of the Chicago police department testified that he was assigned to investigate the murder of Anthony Bruno. Based upon information received by police officers, Boyle traveled to 3017 Keating Avenue in Chicago, where he recovered the murder weapon from an individual named Moratay.

Chicago police officer Michael Mason testified that he directed other officers to locate Julio Morejon, who was subsequently transported to police headquarters. Morejon admitted that he stabbed the victim.

Detective Hugh Conwell testified that he arrested defendant on September 21, 1988. Defendant was transported to Area 5 headquarters and advised of her constitutional rights. Defendant related that she was riding on the Fullerton Avenue bus with William Moratay and Morejon when she saw an individual she recognized as a Gaylord gang member. She told Morejon that the individual was a Gaylord and handed her knife to Morejon. She knew that Morejon would stab the victim. Defendant walked to the rear exit, held the door open after the bus stopped, and exited with Morejon after he stabbed Bruno.

Detective Renaldo Guevara testified as an expert in gang crime. This testimony revealed that about 70% of gang murders result in retaliation. This retaliation is characterized by murdering a rival gang member on the one-year anniversary of the initial killing.

Assistant State’s Attorney Mary Beth Kinnerk met defendant around 2 p.m. on September 21, 1988, at police headquarters. After defendant stated that she understood her rights and would give a statement, defendant indicated that no threats or promises were made to induce her statement and that she was making a statement of her own free will.

Defendant’s court-reported statement was read into evidence. Defendant related that she, Morejon and Moratay got on a Fullerton bus at Austin Avenue. Morejon was a member of the Imperial Gangsters. Defendant identified herself as a tagger, a person who writes graffiti on buses. Defendant recognized the victim as a member of the Gaylords’ street gang. According to defendant, she had previously seen the victim arguing with one of Morejon’s friends about gang matters. Defendant told Morejon about the previous argument. Morejon then told defendant to give him her knife and further told her to hold the rear door open. Morejon knew that defendant had a knife because she had used it to scrape graffiti on the bus window. Defendant also knew that Morejon intended to stab the victim, and she complied with his instructions, holding the door open so that Morejon could make his getaway.

This statement further revealed that defendant’s brother, a member of the Spanish Cobras’ gang, was murdered on September 17, 1987. Defendant thought that he was killed by a member of the Gay-lords’ gang because blonde hair was found on his clothes, and the Gaylords are white. Defendant kept those hairs on her dresser at home.

Defendant now asserts that the closing argument presented by the prosecutor served to deny her a fair trial. Defendant identifies the prosecutor’s request that the jurors compare the rights accorded defendant against the lack of fairness accorded the victim.

The relevant colloquy occurred:

“[Assistant State’s Attorney]: Throughout these proceedings, in fact, from the time that the police first went to Delilah Gonzalez’ house to place her under arrest until the time she was brought to the police station until this day as we stand in this courtroom, the defendant has been accorded total fairness.
[Defense Counsel]: Objection, your Honor. That is for the jury to decide.

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People v. Gonzalez, 617 N.E.2d 325, 247 Ill. App. 3d 370, 187 Ill. Dec. 117, 1993 Ill. App. LEXIS 738 (Ill. Ct. App. 1993).

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