People v. Kaszuba

873 N.E.2d 556, 375 Ill. App. 3d 262, 313 Ill. Dec. 932, 2007 Ill. App. LEXIS 859
CourtAppellate Court of Illinois
DecidedAugust 8, 2007
Docket1-05-2469
StatusPublished
Cited by5 cases

This text of 873 N.E.2d 556 (People v. Kaszuba) 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. Kaszuba, 873 N.E.2d 556, 375 Ill. App. 3d 262, 313 Ill. Dec. 932, 2007 Ill. App. LEXIS 859 (Ill. Ct. App. 2007).

Opinion

JUSTICE KARNEZIS

delivered the opinion of the court:

Following a jury trial, defendant Joshua Kaszuba was convicted of first degree murder (720 ILCS 5/9 — 1(a)(1) (West 2004)) for his involvement in the shooting death of Eric Cocchia. The trial court sentenced defendant to a total of 45 years’ imprisonment; 20 years for first degree murder plus 25 years for personally discharging a firearm that proximately caused Cocchia’s death (730 ILCS 5/5 — 8— 1(a)(l)(d)(iii) (West 2004)). Defendant now appeals and argues that the State failed to prove beyond a reasonable doubt that he personally discharged the firearm that proximately caused Cocchia’s death.

BACKGROUND

On January 23, 2004, Eric Cocchia and two friends drove to a gas station at Division Street and Noble Street in Chicago. Cocchia’s friend Kevin Jeffrey was driving Cocchia’s car. While Cocchia was putting windshield washer fluid in his car, he was approached by a male Hispanic person in a white coat with fur around the hood. Cocchia and the person in the white coat had a conversation while Cocchia’s friends, Kevin and Jose, waited in the car. It appeared that Cocchia and the person in the white coat knew each other and were having a friendly conversation. Kevin identified the person in the white coat as defendant.

Cocchia got back into the car and Kevin and Jose watched as defendant got into the passenger seat of a red Chevy Lumina. The driver of the Lumina was a dark-skinned man wearing a black coat. Cocchia and his friends left the gas station and Kevin drove to his apartment nearby. They pulled into the parking lot, got out of the car and began walking to the front door of Kevin’s apartment building at 1239 North Noble Avenue in Chicago. Kevin saw the same red Lumina from the gas station pass by. Cocchia used the restroom in Kevin’s apartment and left.

Francisco Santiago and his three friends were sitting in a car in the parking lot of Kevin’s building. As Santiago sat in the backseat of the car, he saw a black Blazer. Santiago saw a man walking toward the car in which he was sitting. The man passed the car and stopped near a white sport utility vehicle (SUV). Santiago then saw a man in a white jacket get out of the Blazer and walk toward the man who had just passed the car in which Santiago was sitting. Santiago identified the man who stopped near the SUV as Eric Cocchia and the man with the white jacket as defendant.

Santiago’s friend, Daniel Rodriguez, was also sitting in the car with Santiago on the night of the shooting. Rodriguez also saw defendant get out of the black Blazer and walk past the car to where Cocchia was standing. Santiago and Rodriguez watched as defendant pulled out a gun, pointed it at Cocchia and searched him. Santiago could hear defendant telling Cocchia that he was going to kill him and Cocchia begging for his life. Santiago then saw defendant shoot Cocchia twice. Rodriguez testified that he saw defendant shoot Cocchia four times. Santiago then watched another male in a black “hoody” exit the Blazer and heard him tell defendant: “[M]ake sure you kill him. Hit him in the head. Hit him in the head.” The man in black took the gun from defendant and shot into Cocchia’s head.

Kevin looked out his bathroom window, which faced the parking lot, after hearing the gunshots and saw defendant holding a large gun in his hand shooting toward a body as the body lay on the ground. Defendant was wearing the same white coat he had been wearing earlier at the gas station. Kevin also saw another individual with defendant and described that person as having a darker complexion and wearing a black coat with a hood. Kevin ran to the parking lot and saw that the person defendant was shooting at was Cocchia. Cocchia was lying on the ground and was covered in blood. By the time he got outside, defendant was gone.

Erick Arduini lived at 1248 N. Noble in a second-floor apartment on January 23, 2004. At approximately 11 p.m. that evening, he heard two gunshots and looked out his front window. From there he saw two people standing in the parking lot. One was wearing a light-colored parka and the other was wearing a dark-colored parka. Arduini saw the person in the light-colored parka holding a gun in his right hand and pointing it toward the ground but was unable to see what he was pointing at. Arduini left the window to call the police, and while he was on the phone, he heard an additional three or four gunshots. Arduini went back to the window and saw the two people still standing there. Before long, the two people ran through the parking lot and headed south. Arduini identified defendant’s white coat as the coat he saw defendant wearing on the night of the shooting.

Heidi Anderson lived at 1246 N. Noble on January 23, 2004. At approximately 11 p.m. she heard two gunshots. There was a pause in the gunfire, so she ran to her window and looked out. She saw two people, one in a light-colored coat with a fur hood and the other wearing a dark-colored coat, standing in the parking lot. She could see the person in the dark-colored coat firing a gun at the ground. She then saw the two men run through the parking lot and head south on Noble.

Ben Vantil lived at 1239 N. Noble on January 23, 2004. At approximately 11 p.m., he heard two gunshots, a pause, and then a second series of gunshots. After the gunshots had concluded, he ran to his window and saw two people, one wearing a white down jacket and the other wearing a black down jacket, standing over another person who was lying next to a white SUV He could not see anyone’s face from his third-floor window. Vantil identified defendant’s white coat as the light-colored coat he saw on the night of the shooting.

Theophil David Encalado testified before the grand jury. He stated that while defendant was talking to Cocchia in the parking lot, he, Encalado, saw defendant pull out a gun and point it at Cocchia while defendant searched Cocchia. In a handwritten statement he gave to police, Encalado stated that he saw defendant grab Cocchia’s jacket with one hand and point the gun at him with the other hand. At trial, Encalado testified that he was driving a black Chevy Blazer on the night of the shooting. Defendant, Encalado’s cousin, called him that night and he met defendant and defendant’s friend, Mickey Pack, at a park. Later, he dropped defendant and Pack off at a parking lot on Noble and drove away. Two minutes after dropping them off he heard gunfire, so he went back to the parking lot. Defendant and Pack got into the Blazer and Encalado drove away. Despite his testimony before the grand jury and the statement he gave to police, Encalado testified at trial that he never saw defendant with a gun on the evening of the shooting.

Dr. Scott Denton, a forensic pathologist with the Cook County medical examiner’s office, testified that he performed the autopsy on Cocchia. Cocchia sustained five gunshot wounds to his head and torso. Dr. Denton opined within a reasonable degree of scientific certainty that Cocchia died from multiple gunshot wounds and the manner of death was homicide.

Defendant was arrested on January 24, 2004. Defendant inculpated himself and gave both a handwritten statement and a videotaped statement.

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Related

People v. Gillyard
2021 IL App (1st) 181858-U (Appellate Court of Illinois, 2021)
People v. Kaszuba
2021 IL App (1st) 181341-U (Appellate Court of Illinois, 2021)
People v. Nevarez
2012 IL App (1st) 93414 (Appellate Court of Illinois, 2012)
People v. Lavelle
919 N.E.2d 392 (Appellate Court of Illinois, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
873 N.E.2d 556, 375 Ill. App. 3d 262, 313 Ill. Dec. 932, 2007 Ill. App. LEXIS 859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kaszuba-illappct-2007.