People v. Lopez

864 N.E.2d 726, 371 Ill. App. 3d 920, 309 Ill. Dec. 485, 2007 Ill. App. LEXIS 153
CourtAppellate Court of Illinois
DecidedFebruary 26, 2007
Docket1-05-1354
StatusPublished
Cited by17 cases

This text of 864 N.E.2d 726 (People v. Lopez) 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. Lopez, 864 N.E.2d 726, 371 Ill. App. 3d 920, 309 Ill. Dec. 485, 2007 Ill. App. LEXIS 153 (Ill. Ct. App. 2007).

Opinion

PRESIDING JUSTICE McBRIDE

delivered the opinion of the court:

Following a jury trial, defendant, Vicente Lopez, was found guilty of first degree murder and sentenced to 75 years’ imprisonment. On appeal, defendant contends that: (1) he received ineffective assistance of counsel; (2) the trial court abused its discretion when it failed to instruct the jury on second degree murder based on provocation resulting from mutual combat; (3) the court erred when it allowed the State to introduce prejudicial other crimes evidence; and (4) the court erred when it failed to properly admonish the jury concerning other crimes evidence.

Defendant was arrested and charged by indictment with six counts of first degree murder in connection with the shooting death of his wife, Blanca Lopez, which occurred during the early morning hours of February 10, 2002. Prior to trial, the State filed a motion to admit evidence that defendant had pointed a gun at Blanca on three occasions prior to the murder and evidence that gunshots had previously been fired in defendant’s house. Over defense counsel’s objection, the court ruled that the other crimes evidence was admissible, stating that its probative value outweighed its prejudice to defendant, and that, given defendant’s theory that the shooting was an accident, the evidence was relevant to show motive, intent, and absence of mistake.

The following evidence was presented at defendant’s trial.

Dr. J. Scott Denton, a forensic pathologist and deputy medical examiner at the Cook County medical examiner’s office, testified that on February 11, 2002, he performed an autopsy on Blanca Lopez. Blanca was 5 feet 57a inches tall and weighed 117 pounds. In Dr. Den-ton’s opinion, Blanca died of a “contact range” gunshot wound to the head that entered immediately in front of her left ear and exited behind and above her right ear. Dr. Denton testified that “contact range” means that the muzzle of the weapon was against the skin when it was fired. The direction of Blanca’s wound was front to back, left to right, and upwards. Dr. Denton concluded that the manner of Blanca’s death was a homicide.

Dr. Denton observed several areas of red abrasion or scraping on the back of Blanca’s right hand which had been recently created. Dr. Denton could not determine what caused the abrasions, but testified that they could have been caused by a fight. Dr. Denton examined the area under Blanca’s fingernails, which was clean and did not contain any skin or dirt. Toxicology blood samples revealed that Blanca had a “fairly high” blood-alcohol level, between .23 and .29 grams per hundred milliliters.

Josephine Knust, an emergency communications operator for the City of Elgin, testified that she fielded a 911 call at 7 a.m. on February 10, 2002. The 911 tape was entered into evidence and published to the jury. On that tape, the caller asked for a Spanish interpreter, provided his address as 817 Parkway, Elgin, Illinois, and stated “I’ve got a problem.” Once the 911 operator obtained a Spanish interpreter, the caller stated that he needed an ambulance because he shot his wife in the head. The caller identified himself as defendant and his wife as Blanca Lopez.

Elgin police officer Mike Gartner testified that at approximately 7 a.m. on February 10, 2002, he was dispatched to 817 Parkway in Elgin, Illinois. Soon after arriving at that location, defendant came out of the house and was taken into custody by police. Officer Gartner testified that defendant was not stumbling or acting belligerent and that he did not appear to be intoxicated. Officer Gartner entered the house and found Blanca in a downstairs bedroom lying on her right side on a bed. Her head was resting on a pillow, and her right arm was underneath the pillow, “more or less cradling [it].” Officer Gartner observed an extensive wound to the right side of Blanca’s head and noticed a stainless steel revolver lying on the floor.

Detective Steven Bianchi of the Elgin police department testified that he met with defendant at the Elgin police department jail at approximately 8 a.m. on the day of the shooting. Detective Bianchi took samples from red stains that were on defendant’s face and was present when Detective Gough performed a gunshot residue kit on defendant’s hands to determine if they had been in close contact with a fired weapon.

Detectives Bianchi and Gough then went to defendant’s house and did a “walk-through” of the crime scene. Over defense counsel’s objection, the court allowed Detective Biachi to testify about several holes he found in the house which he believed were bullet holes. In an upstairs bedroom, Detective Bianchi observed a hole in the door that appeared to line up with another hole in the ceiling of that bedroom. The detective also observed a hole in a wall of the downstairs east bedroom, where Blanca was found, and “other holes” in the downstairs northwest bedroom. Detective Bianchi testified that he believed these holes were created by a projectile fired from a gun and that he and Detective Gough cut a hole in the wall of the downstairs northwest bedroom and recovered a projectile fired from a gun. Detective Bianchi did not send that projectile for a ballistics analysis.

Detective Bianchi also took photographs of Blanca as he found her lying in bed. He testified in substantially the same manner as did Officer Gartner regarding Blanca’s position in bed and added that she was partially covered by a blanket. Detective Bianchi photographed the firearm next to the bed, which he identified as a .357 Magnum containing five live rounds and one fired round. The detective found other “miscellaneous rounds” in defendant’s home. On that same date, Detective Bianchi went to an auto repair shop where defendant worked and found a box of .357 Magnum shells.

On cross-examination, Detective Bianchi testified that there were red marks on defendant’s face which tested positive for blood and that a photograph he took showed that there were “numerous” beer cans in the kitchen of defendant’s house.

Michael Putzek, a forensic scientist for the Illinois State Police, testified that he.conducted a trigger pull analysis on the .357 found at the scene to determine the amount of pounds required to discharge the weapon. He determined that when the hammer was cocked, it took approximately four pounds to pull the trigger, and that when the hammer was not cocked, it took approximately 10 pounds.

Jorge Lopez (Jorge), Blanca’s son and defendant’s stepson, testified over defense counsel’s objection to three prior incidents when defendant pointed a gun at Blanca. In December of 1999, Jorge observed defendant point a gun at Blanca during an argument over the music she was playing. Jorge testified that “[bjasically the same event” occurred approximately one week later. Finally, Jorge testified to an incident that occurred in November of 2001, when defendant and Blanca were living at 817 Parkway in Elgin. Jorge entered the dining room of the house and observed defendant “cock” a gun, point it at Blanca, and tell her to “shut up.” Jorge stepped between Blanca and defendant and, while Jorge had defendant’s hand over his left shoulder, the gun went off. More arguing ensued, and the gun went off again while Jorge was trying to bring it down away from his head. This was the only time Jorge saw defendant fire a weapon in the house.

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Cite This Page — Counsel Stack

Bluebook (online)
864 N.E.2d 726, 371 Ill. App. 3d 920, 309 Ill. Dec. 485, 2007 Ill. App. LEXIS 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lopez-illappct-2007.