People v. Lavelle

919 N.E.2d 392, 396 Ill. App. 3d 372, 335 Ill. Dec. 673, 2009 Ill. App. LEXIS 1123
CourtAppellate Court of Illinois
DecidedNovember 17, 2009
Docket1-07-0586 Rel
StatusPublished
Cited by9 cases

This text of 919 N.E.2d 392 (People v. Lavelle) 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. Lavelle, 919 N.E.2d 392, 396 Ill. App. 3d 372, 335 Ill. Dec. 673, 2009 Ill. App. LEXIS 1123 (Ill. Ct. App. 2009).

Opinion

JUSTICE KARNEZIS

delivered the opinion of the court:

Following a jury trial, defendant John Lavelle was convicted of felony murder (720 ILCS 5/9 — 1(a)(3) (West 2002)) and was sentenced to 60 years’ imprisonment. Defendant was also found to have personally discharged a firearm during the commission of the offense that proximately caused the victim’s death and was sentenced to an additional 40 years’ imprisonment (730 ILCS 5/5 — 8—l(a)(l)(d)(iii) (West 2004)). On appeal, defendant argues: (1) he was denied a fair trial when the State elicited evidence of the victim’s family and personal traits designed to arouse the emotions of the jury; (2) counsel was ineffective for failing to request a jury instruction on self-defense; (3) the State failed to prove that defendant personally discharged a firearm that proximately caused the victim’s death during the commission of first degree murder; and (4) his 60-year sentence for felony murder is excessive. For the following reasons, we affirm the judgment of the trial court, but modify defendant’s sentence.

BACKGROUND

On May 3, 2002, defendant and codefendants Alexander Valencia, Carlos Santos and Estaban Perkins 1 went to the home of James Smith armed with handguns. James Smith’s son Jeffrey suffered gunshot wounds as a result of a shootout that occurred. Two days later Jeffrey died from those gunshot wounds. Defendant and his codefendants were subsequently charged in a 39-count indictment. The State chose to proceed to trial on three counts of felony murder predicated on attempted aggravated kidnapping, attempted residential burglary and attempted aggravated unlawful restraint.

Ortancia Smith testified that on May 3, 2002, at approximately 9:30 p.m., she heard someone pounding on the living room window. She heard her brother Jeffrey say, “James [sic] not here.” She heard more pounding on the window and went upstairs to her bedroom to look out the window. She saw a Jeep Cherokee parked in front of the house with its lights on. She met Jeffrey at the top of the stairs and saw him go into a closet. She then followed Jeffrey downstairs and looked out the living room window. She saw two men standing there holding guns. One of the men she recognized as Carlos Santos, a man that had come to the house looking for her father. She yelled at Jeffrey not to open the door. She did not see anything in Jeffrey’s hands. Jeffrey opened the door.

Ortancia heard gunshots and saw Jeffrey fall backwards. Jeffrey was bleeding from the side of his neck. She put pressure on his wound and called an ambulance.

Ortancia spoke to detectives twice about the incident. The second time, she told detectives that Jeffrey had a gun. She also viewed a photo lineup at the police station and positively identified Carlos Santos as one of the people she saw outside her home. She also stated that in the week prior to the shooting she saw defendant at her house at least twice looking for her father. Later, she identified Alex Valencia as a person who had come to her home on previous occasions looking for her father.

Tanya Jeffries testified that she and Jeffrey Smith had a son together and that she was at Jeffrey’s house on May 3, 2002. At about 9:30 p.m. she heard a knock on the living room window and looked out. She saw three or four men standing on the porch. Tanya told Jeffrey what she saw and Jeffrey went upstairs.

When Jeffrey came back downstairs, Tanya asked the men, through the window, what they wanted. They stated that they wanted to know if James was home. Tanya told them that James was not there. Tanya heard Ortancia tell Jeffrey that the men had guns. Jeffrey told Tanya to call the police so Tanya called 911. She then heard gunshots. When she walked to the door she saw Jeffrey lying on the ground bleeding.

Tanya testified that subsequent to the shooting she identified a photo of Carlos Santos. Tanya also testified that she did not see Jeffrey with a gun.

The parties stipulated that, if called to testify, Deputy Cook County Medical Examiner Dr. Kendall Crowns would testify that the cause of Jeffrey Smith’s death was a gunshot wound to the chest and the manner of death was homicide. There was no evidence of close-range firing.

Sergeant Anthony Wojcik of the Chicago police department was present at the scene of the crime. Sergeant Wojcik was notified that Jeffrey Smith was taken to the hospital and was in critical condition.

Sergeant Wojcik spoke with James Smith at Area 5 headquarters. After speaking with James Smith, Sergeant Wojcik began a search for Carlos Santos and Alexander Valencia. Sergeant Wojcik also spoke with Ortancia and Tanya separately. Both women identified Carlos Santos from a photo array. The next day, Sergeant Wojcik learned that Jeffrey died from his wounds.

Carlos Santos was arrested on May 14, 2002. Alexander Valencia was arrested on May 15, 2002. Following these arrests, Sergeant Wojcik went in search of “Big John,” a Cook County correctional officer who worked security at J&J Sound Shop on the south side.

On May 16, 2002, Sergeant Wojcik and other detectives planned a “sting” operation where an undercover officer would meet with defendant and bring him $8,000 in marked currency in two separate bags as payment for his involvement in the shooting that led to Jeffrey’s death. Sergeant Wojcik and the other detectives planned to videotape and audio record this meeting.

At 8 p.m. on May 16, 2002, Investigator Hernandez, acting undercover, met with defendant at a Burger King restaurant. Defendant approached Investigator Hernandez’s table and the two men spoke. Defendant was arrested outside the Burger King and detectives recovered two loaded handguns, each with three magazines. Defendant was wearing a bulletproof vest and had his Cook County sheriffs identification and badge. Defendant also had two separate bags, with $4,000 in each, containing the marked money. At the police station, defendant signed a consent to search his home.

Officers subsequently searched defendant’s home. A Glock 21 weapon was found in a dresser in the master bedroom, along with three magazines and live rounds. The weapon had been dismantled and the barrel of the gun was not found in the dresser.

Defendant executed a handwritten statement in the presence of Assistant State’s Attorney Arunas Buntinas, which was admitted into evidence and published to the jury. In the statement he acknowledged that he waived his Miranda rights. Defendant stated that he was a deputy sheriff correctional officer assigned to 26th and California. He also worked part-time as a security guard at J&J Electronics on south State Street. He had known Alex Valencia for about a year.

On May 3, 2002, Valencia spoke with defendant at J&J Electronics and told him that he needed help collecting money from a person. Defendant told Valencia to meet him at another J&J Electronics store at 8 p.m. and that he would bring Esteban Perkins, another Cook County correctional officer.

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Cite This Page — Counsel Stack

Bluebook (online)
919 N.E.2d 392, 396 Ill. App. 3d 372, 335 Ill. Dec. 673, 2009 Ill. App. LEXIS 1123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lavelle-illappct-2009.