People v. Lima

765 N.E.2d 64, 328 Ill. App. 3d 84, 262 Ill. Dec. 238, 2002 Ill. App. LEXIS 74
CourtAppellate Court of Illinois
DecidedFebruary 1, 2002
Docket1-98-3778
StatusPublished
Cited by8 cases

This text of 765 N.E.2d 64 (People v. Lima) 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. Lima, 765 N.E.2d 64, 328 Ill. App. 3d 84, 262 Ill. Dec. 238, 2002 Ill. App. LEXIS 74 (Ill. Ct. App. 2002).

Opinion

JUSTICE REID

delivered the opinion of the court:

Following a jury trial, Ricardo Lima (Lima) was convicted of one count of first degree murder (720 ILCS 5/9—1 (West 1992)) and three counts of attempted first degree murder (720 ILCS 5/8 — 4, 9 — 1 (West 1992)). He was first sentenced to 60 years for the murder and to a 10-year concurrent sentence for the attempted murder. Following a motion to reduce the sentence, Lima’s sentence was reduced to 50 years for the first degree murder and to a 10-year consecutive sentence for the attempted first degree murder. He now appeals the conviction and the revised sentence. We affirm defendant’s convictions and sentence for first degree murder and modify defendant’s sentence for attempted first degree murder to run concurrently for the following reasons.

THE FACTS

Lima was 16 years old at the time of his arrest. He was charged with first degree murder (720 ILCS 5/9 — 1 (West 1992)), attempted first degree murder (720 ILCS 5/8 — 4, 9 — 1 (West 1992)) and aggravated discharge of a firearm (720 ILCS 5/24 — 1.2 (West 1992)) in connection with the shooting death of Armando Rodriguez (Rodriguez) and the shooting at Ruben Martinez (Martinez), Juan Ocun (Ocun) and Rocky Salazar (Salazar).

Prior to the trial, Lima moved to suppress his postarrest statement. In that motion, Lima claimed he was coerced into signing his handwritten statement, that his requests to see his mother were ignored and that he was not informed of his constitutional rights at the time he made his statements. Lima also moved to bar the introduction of evidence of gang involvement. The trial court held a hearing on the motions in which the State called Detective Dennis Walsh (Walsh) and Lima called his mother, Kathleen Rivera (Rivera). Walsh testified that he was investigating the shooting death of Armando Rodriguez. After other officers had arrested Lima, Walsh testified he arrived on the scene. Since Lima was a juvenile, Walsh claimed he contacted the Area 4 Youth Division and told them to have a youth officer available as soon as possible. Walsh claimed he went into the interview room at approximately 12:45 a.m., introduced himself to Lima and informed him of his constitutional rights. That phase of the interview lasted approximately 10 to 15 minutes. At that time, according to Walsh, Lima denied his involvement in the shooting.

At approximately 1:30 a.m., Walsh testified he went back into the interview room with youth officer Robert Mihajlov. Walsh claimed the youth officer introduced himself and explained his role in the process, after which they began to discuss the shooting. In an interview that lasted approximately 10 to 15 minutes, Walsh testified that Lima admitted some involvement in the shooting. At 2 a.m., Walsh claims he allowed Kathleen Rivera to visit with her son for approximately 10 minutes. He claimed that, upon leaving the interview room, Rivera told Walsh she had to go home for some medicine. Walsh claimed Rivera left at that time. Walsh next claimed he, Mihajlov and Assistant State’s Attorney Michael O’Malley went back into the interview room at approximately 3 a.m. O’Malley introduced himself and advised Lima of his rights. He also informed Lima that, should the victim die, he could be charged as an adult. According to Walsh, Lima again admitted his involvement in the crime. At the conclusion of that interview, Walsh testified he told Lima’s mother that she would be allowed to see her son.

Walsh then testified that O’Malley wrote Lima’s handwritten statement in Lima’s presence. Lima was allowed to make corrections but never refused to sign the handwritten statement. According to Walsh, Lima never asked for the presence of an attorney or his mother. Walsh claims no one ever refused to allow Lima’s mother access to her son and never threatened or physically coerced Lima into signing the statement.

Kathleen Rivera claimed that she got off work at approximately 10 p.m. on the night of the shootings. She drove to Ohio and Oakley Streets to pick up her two sons. Rivera claimed she was told that her son was just being questioned. Electing to go to the police station instead of waiting at home to hear what would happen with her son, Rivera claimed she arrived at the police station between 11:30 and 11:45 p.m. Rivera spoke with Detective Walsh, who told her she would not be able to immediately speak with her son because the State’s Attorney had stepped out. She was told she would be able to speak with her son when the State’s Attorney returned. Rivera claims that she had to ask Walsh to see her son seven or eight times. At some point after she had made a few requests, she claims Walsh told her she was getting on his nerves and she might not get to see her son at all if she did not stop annoying him.

Rivera testified that she finally got to see her son at approximately 2 a.m. She did not get to see her son in private, as she claimed six plainclothes police officers were inside the room. She also testified that, when she finally got to see him, one side of Lima’s face was swollen. According to her, she asked Lima in Spanish about the injury to his face. Lima allegedly responded that he could not talk about it, but he moved his eyes like he was trying to send a signal for her to drop her line of questioning.

In closing arguments on the motion to suppress, Lima’s counsel argued that, because he was 16 years old at the time of the arrest, Lima should have again been read his Miranda rights before the start of the second interview. Miranda v. Arizona, 384 U.S. 436, 16 L. Ed. 2d 694, 86 S. Ct. 1602 (1966). The trial court found that Rivera’s estimate of her arrival time was not accurate. The trial court also found that Walsh was credible and that Rivera did get the chance to be alone with her son after the original oral statement was made and before the handwritten statement. Finally, the trial court ruled it was unaware of any case law requiring police to give fresh warnings pursuant to Miranda each time they speak with a suspect. Additionally, the trial court denied a pretrial motion in limine to bar introduction of evidence of Lima’s gang involvement.

A jury trial commenced in this case on January 27, 1998. The State first called Salazar, a member of the Satan Disciples street gang, who testified he, Ocun and Rodriguez were passengers in a minivan driven by Martinez. All were members of the Satan Disciples except Ocun, who was a member of the Latino Jivers street gang. According to Salazar, the Satan Disciples and Latino Jivers were on friendly terms. He also claimed there were no weapons in the vehicle. After driving awhile they dropped off Martinez at his girlfriend’s home then continued to drive on Erie Avenue in Chicago. Erie Avenue is the line of demarcation between the gang territory of the Latin Kings and C-Notes. Salazar testified they saw seven or eight men on the sidewalk parallel to the minivan. Salazar claimed these men were C-Notes and that one of them was Lima. Salazar and Lima had known each other for a long time.

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

Related

People v. Baker, 2021 IL App (1st) 171204-U
2021 IL App (1st) 171204-U (Appellate Court of Illinois, 2021)
People v. Hale
2012 IL App (1st) 103537 (Appellate Court of Illinois, 2012)
People v. Holmes
Appellate Court of Illinois, 2008
People v. Houston
843 N.E.2d 465 (Appellate Court of Illinois, 2006)
People v. Childress
Appellate Court of Illinois, 2003

Cite This Page — Counsel Stack

Bluebook (online)
765 N.E.2d 64, 328 Ill. App. 3d 84, 262 Ill. Dec. 238, 2002 Ill. App. LEXIS 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lima-illappct-2002.