People v. Herrera

629 N.E.2d 546, 257 Ill. App. 3d 602, 196 Ill. Dec. 1, 1994 Ill. App. LEXIS 12
CourtAppellate Court of Illinois
DecidedJanuary 7, 1994
Docket1-92-1238
StatusPublished
Cited by7 cases

This text of 629 N.E.2d 546 (People v. Herrera) 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. Herrera, 629 N.E.2d 546, 257 Ill. App. 3d 602, 196 Ill. Dec. 1, 1994 Ill. App. LEXIS 12 (Ill. Ct. App. 1994).

Opinion

JUSTICE GIANNIS

delivered the opinion of the court:

Following a jury trial, defendant was convicted of one count of first degree murder and was sentenced to a term of 27 years. Defendant appeals his conviction, contending that (1) the State presented insufficient evidence to prove him guilty beyond a reasonable doubt, (2) the trial court committed reversible error by restricting defendant’s right to cross-examine witnesses, and (3) he was deprived of the right to a fair trial by certain inflammatory and prejudicial comments made by the prosecutor during closing argument.

The record reveals that defendant was charged on April 30, 1991, with one count of armed violence and with two counts of murder in connection with the death of Enrique SiFuentes on November 22, 1985.

At trial, Francisco Lopez testified that he was 23 years old and was 16 years old on November 22, 1985, the date of the shooting of Enrique SiFuentes. On the night of the shooting, Lopez was at home with SiFuentes, who was then 15 years old. At approximately 11 p.m., Adrian Hernandez, who was then 18 years old, arrived at Lopez’s home. Shortly after Hernandez arrived, all three individuals went out to eat at a taco restaurant located on the northeast corner of Blue Island and Damen. After they finished eating, Lopez walked out of the restaurant first, followed by SiFuentes, and Hernandez stayed in the restaurant in order to pay the bill. As Lopez walked out of the restaurant, he was looking eastbound on Blue Island and noticed two cars approaching the intersection very slowly. A gray car was traveling in the lane closest to the sidewalk while a black car was traveling in the middle lane behind the gray car. Both cars had black windows. The front window on the passenger side of the gray car was rolled down, and Lopez saw an individual waving his hand as if making gang signals. These hand signals formed the letters "V” and "L.” The black car in the middle lane moved ahead of the gray car, and Lopez noticed another person sticking his hand out of the front passenger’s window of the black car. After Lopez turned around and told his friends to look at the cars, he then heard two shots. Upon hearing the shots, Lopez turned to face the cars. Lopez testified that the shots came from the black car which was in the middle lane. Both cars then drove away. SiFuentes had been shot in the right temple and did not respond when Lopez called out to him. Lopez and Hernandez then ran one block to a police station. When they returned to the scene with the police, the two cars were gone.

Lopez testified that he had never been in a gang. He did not know if SiFuentes or Hernandez was ever in a gang. At the time of trial, Hernandez was deceased.

On cross-examination, Lopez testified that there seemed to be two people in the gray car and four people in the black car. Lopez stated that the incident happened very quickly, and he could not identify the person who had fired the shots. Lopez could not identify defendant at trial as one of the individuals in either of the two cars. Lopez also viewed a lineup in March 1991, 10 months prior to trial, but he could not tell if defendant was present in the lineup.

After Lopez was excused, the prosecutor made an oral motion in limine to exclude any evidence that the gun which was used in the shooting of SiFuentes might also have been used in two other shootings later that same night. In response, defense counsel argued as follows:

"I think that if the witness takes the stand and testifies to certain events that happened that evening and indicates that someone else is the shooter, and he then gives a statement to the police in effect telling his role in this case and in two others that happened that very evening, in fact with the same .22-caliber that was alleged to have been used in this case, that I certainly should be able to ask that witness what he said to the police about those two other shootings and his involvement in two other shootings. That goes to his credibility and goes to the jury’s opinion of that witness and his credibility. And what he has done and what he’s admitted to doing on that same evening with that same weapon.”

The trial court reserved its ruling on the State’s motion in limine until after Arturo Cardona had testified on direct.

Arturo Cardona testified that he was 27 years old and had been employed for three years at a foundry, where he worked to support his wife and child.

Cardona testified that in November 1985, he owned a gray 1978 Pontiac Catalina. Cardona identified defendant at trial and stated that at the time of the shooting, both he and defendant were members of the Villa Lobo street gang. At approximately 10 p.m. on November 22, 1985, Cardona was at a bar with defendant. Other members of the Villa Lobo street gang who were also present in the bar that night included Antonio Ascencio, Gabriel Baez, David Bege, and Ramon Bege. The bar was located in the vicinity of Blue Island and 18th Street. As he and his companions left the bar, Cardona saw Baez give a .22-caliber, long-barrel revolver to defendant, who put the gun in the waistband of his pants.

Defendant got into Cardona’s car along with David and Ramon Bege. Cardona was driving, and defendant was in the front passenger seat while David and Ramon Bege rode in the back seat. Baez also left the bar and got into his gray Impala with Ascencio. After leaving the bar, both cars drove to Blue Island toward defendant’s garage, which as located at 2318 South Ridgeway. As they approached the intersection of Damen and Blue Island where the taco restaurant was located, the traffic light was red, and both cars slowed down. Car-dona’s car was in the middle lane of traffic, and Baez’s car was in the lane closest to the curb where the restaurant was located. When the two cars stopped for the red light, Cardona’s car, which was in the middle lane, was approximately one-half car length in front of Baez’s car.

Before the traffic light turned green, Baez beeped his horn, and Cardona noticed three kids coming out of the restaurant. The kids did not have gang colors on. When the light turned green, Cardona saw Baez point at the kids who had come out of the restaurant. As he pulled away from the intersection, Cardona felt some cold air and heard a shot coming from his right side, where defendant was sitting at the time. Cardona then heard defendant say, "I think I got one.” Cardona did not reply, but continued driving west on Blue Island, as did Baez. Cardona testified that after he heard the shot, he did not see the gun in defendant’s hand. When they arrived at defendant’s garage, defendant got out of the car, and Cardona drove home. Car-dona testified that he did not see anyone else with a gun that night, and he had no prior knowledge that defendant intended to shoot SiFuentes.

Cardona testified that on the evening of December 29, 1985, five weeks after the shooting, he-was brought to the Area 4 violent crimes headquarters and was questioned about the shooting. Cardona testified that, because he was frightened, he told the police that the shot that killed SiFuentes had been fired from Baez’s car. At approximately 9 a.m. on the morning of December 30, 1985, Cardona spoke with the police again after they told him that another witness had implicated him in the shooting.

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Bluebook (online)
629 N.E.2d 546, 257 Ill. App. 3d 602, 196 Ill. Dec. 1, 1994 Ill. App. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-herrera-illappct-1994.