People v. Gutierrez

483 N.E.2d 944, 136 Ill. App. 3d 774, 91 Ill. Dec. 458, 1985 Ill. App. LEXIS 2459
CourtAppellate Court of Illinois
DecidedSeptember 16, 1985
Docket83-167, 83-196, 83-344 cons.
StatusPublished
Cited by25 cases

This text of 483 N.E.2d 944 (People v. Gutierrez) 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. Gutierrez, 483 N.E.2d 944, 136 Ill. App. 3d 774, 91 Ill. Dec. 458, 1985 Ill. App. LEXIS 2459 (Ill. Ct. App. 1985).

Opinion

PRESIDING JUSTICE BUCKLEY

delivered the opinion of the court:

Defendants Edwin Gutierrez, Aníbal Santiago, Eduardo Rosario and Alberto Arroyo were charged by indictment with the murder of Juan Gomez. Defendants Santiago, Gutierrez and Rosario were tried by a jury. Defendant Arroyo was tried at a simultaneous bench trial before the same judge. The trial court found Arroyo not guilty, while the jury found codefendants Santiago, Gutierrez and Rosario guilty of murder. Santiago was sentenced to 70 years in prison, Gutierrez to 50 years in prison and Rosario to 40 years in prison.

The appeals of Santiago, Gutierrez and Rosario have been consolidated by this court. The following arguments are set forth for our review: (1) Gutierrez and Santiago argue they were not proved guilty beyond a reasonable doubt; (2) Gutierrez contends his arrest was not supported by probable cause; (3) Santiago argues the State improperly used its peremptory challenges during voir dire to exclude blacks; (4) Santiago alleges he was prejudiced by a discovery violation by the State which resulted in ineffective assistance of counsel; (5) Gutierrez and Santiago argue that certain prosecutorial misconduct during trial and closing argument resulted in reversible error; (6) Gutierrez and Santiago assert that the trial court erred in allowing the State to present a certain unanticipated witness in aggravation and in denying their motion for a continuance to investigate the witness; and (7) Rosario, Santiago and Gutierrez contend their sentences are excessive. For the following reasons, we affirm as to all three defendants.

At trial, Sonya Rodriguez testified that on October 7, 1981, the date of the murder, she and her baby had been living with the victim, Juan Gomez, in an apartment at Monticello and Gourtland in Chicago. At approximately 12:30 p.m. on that date, she was inside the apartment while the victim was outside fixing a flat tire on his car. She heard six or seven gunshots, looked out her front living room window and saw the victim lying on the sidewalk. Within seconds after the shooting she saw the backs of three men running into the alley towards Lawndale Avenue. Rodriguez stated that one of the men was stocky with dark hair, wore a black leather jacket and held a gun up in the air as he ran into the alley. A second man was slightly taller than the first man and was wearing an afro haircut and green camouflage army pants. The third man was about the same height as the second man.

Brothers Charles and James Kidd testified that shortly prior to the shooting they were travelling west on Gourtland between Monticello and Lawndale. Charles Kidd lived at 3706 Gourtland, which was three houses from Lawndale. As they drove up to Charles’ house, Charles saw a “heavy-built” man in a black leather jacket, whom he identified as defendant Santiago, emerge from the gangway next to his house. Charles saw Santiago walk up to a 1973 maroon Pontiac that was parked in front of his house. Santiago began talking with the individual sitting in the driver’s seat of the Pontiac LeMans, whom both brothers identified as Gutierrez. Charles Kidd then turned his truck around and parked it across the street from the LeMans behind a brown Buick Electra 225.

Charles Kidd’s wife then pulled up in her car, and the LeMans quickly drove westbound and was not seen again by either brother. Meanwhile, James Kidd saw three men leave the parked Buick Electra and head down Lawndale towards the alley. The Buick was then driven around the corner, where it stopped and waited near Lawndale and Gourtland. Shortly thereafter, the Kidd brothers testified they heard gunshots and ran to the intersection of Lawndale and Gourtland where they observed at least three men jump into the Buick. Defendant Santiago, who was the driver of the Buick at that time, noticed that the Kidd brothers were watching him. He pointed his finger and yelled at the brothers. As the car drove away, Charles Kidd saw that the license plate number was QA24 and two other numbers that he could not ascertain.

Also testifying for the State were Yvonne Sosa and Nina Thompson, who lived together at 1841 Lawndale. Both women stated they heard the shooting. Sosa testified that after being awakened by the gunshots, she went to her bedroom window and saw three men coming from the direction of Monticello Street, where the shooting occurred. The men ran towards Lawndale Avenue, where a brown Buick Electra was waiting for them. A maroon colored car followed the three men down the alley towards Lawndale Avenue.

Sosa testified that the first man she saw running down the alley was 5 feet 8 inches, had a beard and was wearing a black leather jacket and dark pants. He also had a gun and red and blue ski mask in his hand as he ran down the alley. She identified defendant Santiago at trial as this first man.

The second man Sosa saw running in the alley was a little taller and thinner than Santiago and had a small beard and black hair. He wore a green windbreaker and dark pants. She identified defendant Gutierrez in a post-arrest lineup and in court as the second man.

Sosa testified that the third man wore green pants and had an afro haircut, a small beard and a mustache. He also was carrying a gun in his hand while he ran down the alley. Before exiting the alley, the man turned around and looked at Sosa. Subsequently, Sosa identified defendant Rosario as the third man in a post-arrest lineup and at trial.

All three defendants and codefendant Arroyo were arrested within 20 minutes after the shooting in a brown Buick Electra 225 with Illinois license plate QA2807. The Buick was stopped approximately two miles from where the shooting occurred. Immediately after their arrest, Santiago and Gutierrez were taken to a police station where they were identified in a lineup by the Kidd brothers.

Police officer William Jaconetti testified that near the scene of the arrest he found a 1973 maroon LaMans with a warm engine. Several weapons were recovered from the trunk of the LeMans. Two of the weapons, a .357 magnum and a .38 special, were positively identified as the murder weapons. Also found in the trunk was a ski mask similar to the one described by witness Yvonne Sosa.

Dr. Eupie Choi of the Cook County medical examiner’s office testified that the victim’s body had five entry wounds, two of which were on the back portion of the head. Two more entry wounds were on the right side of the upper arm. The last entry wound was on the victim’s right buttock.

Defendants Gutierrez and Santiago presented no evidence on their behalf. Rosario presented alibi testimony of his brother Oscar and a friend, Miguel Diaz.

I

Defendants Gutierrez and Santiago argue that the circumstantial evidence presented at trial was insufficient to prove their guilt beyond a reasonable doubt. We disagree. A valid conviction may be sustained entirely upon circumstantial evidence. (People v. Weaver (1982), 92 Ill. 2d 545, 555, 442 N.E.2d 255.) It is necessary, however, that “ ‘the proof of circumstances must be of a conclusive nature and tendency leading, on the whole, to a satisfactory conclusion and producing a reasonable and moral certainty that the accused and no one else committed the crime.’ ” People v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Santiago v. Hinsley
93 F. App'x 74 (Seventh Circuit, 2004)
People v. Flores
628 N.E.2d 226 (Appellate Court of Illinois, 1993)
People v. Kimball
614 N.E.2d 273 (Appellate Court of Illinois, 1993)
People v. Taylor
614 N.E.2d 79 (Appellate Court of Illinois, 1993)
People v. Mays
595 N.E.2d 1088 (Appellate Court of Illinois, 1992)
People v. Jones
554 N.E.2d 516 (Appellate Court of Illinois, 1990)
People v. Shockley
551 N.E.2d 1370 (Appellate Court of Illinois, 1990)
People v. Maldonado
550 N.E.2d 1011 (Appellate Court of Illinois, 1989)
People v. Cobb
542 N.E.2d 1171 (Appellate Court of Illinois, 1989)
People v. Hattery
539 N.E.2d 368 (Appellate Court of Illinois, 1989)
People v. Buford
533 N.E.2d 472 (Appellate Court of Illinois, 1988)
People v. Green
535 N.E.2d 413 (Appellate Court of Illinois, 1988)
People v. Pena
528 N.E.2d 325 (Appellate Court of Illinois, 1988)
People v. Hobson
525 N.E.2d 895 (Appellate Court of Illinois, 1988)
People v. Foster
518 N.E.2d 82 (Illinois Supreme Court, 1987)
People v. Nieto
515 N.E.2d 376 (Appellate Court of Illinois, 1987)
People v. Powell
512 N.E.2d 1364 (Appellate Court of Illinois, 1987)
People v. Merideth
503 N.E.2d 1132 (Appellate Court of Illinois, 1987)
People v. Johnson
504 N.E.2d 502 (Appellate Court of Illinois, 1986)
People v. Strauser
496 N.E.2d 1131 (Appellate Court of Illinois, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
483 N.E.2d 944, 136 Ill. App. 3d 774, 91 Ill. Dec. 458, 1985 Ill. App. LEXIS 2459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gutierrez-illappct-1985.