People v. Maldonado

617 N.E.2d 236, 247 Ill. App. 3d 149, 187 Ill. Dec. 28, 1993 Ill. App. LEXIS 691
CourtAppellate Court of Illinois
DecidedMay 17, 1993
Docket1-90-1605
StatusPublished
Cited by11 cases

This text of 617 N.E.2d 236 (People v. Maldonado) 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. Maldonado, 617 N.E.2d 236, 247 Ill. App. 3d 149, 187 Ill. Dec. 28, 1993 Ill. App. LEXIS 691 (Ill. Ct. App. 1993).

Opinion

JUSTICE O’CONNOR

delivered the opinion of the court:

Following a bench trial, defendant Ricardo Maldonado was convicted of intimidation (Ill. Rev. Stat. 1989, ch. 38, par. 12—6(a)) and sentenced to two years’ imprisonment. The sole issue on appeal is whether he was proven guilty beyond a reasonable doubt. We affirm.

The returned indictment against defendant charged as follows:

“[0]n or about March 27, 1989 at and within the County of Cook
RICARDO MALDONADO MARIO PALOMINO
committed the offense of
INTIMIDATION
in that THEY, WITH THE INTENT TO CAUSE SHERRY CRUZ TO OMIT THE PERFORMANCE OF AN ACT, TO WIT: CALLING POLICE TO REPORT THEIR ACTIVITIES, DID COMMUNICATE TO SHERRY CRUZ A THREAT WITHOUT LAWFUL AUTHORITY [TO] INFLICT PHYSICAL HARM TO HER IN VIOLATION OF CHAPTER 38, SECTION 12 — 6 — A(l) ***.”

Defendant was tried with codefendants Mario Palomino and Anthony Frigo.

Sherry Cruz, 26 years old, testified that she lived in a row house in the projects with her three children, ages four through seven. On March 27, 1989, at 9:30 p.m., she was watching television while her children were upstairs sleeping. She heard a lot of noise on her back porch and went to the back door. She opened the back door and saw a group of about 15 people including the defendant, Frigo and Palomino, whom she identified in court. Defendant and Frigo were right up against the screen door and Palomino was to the side. Cruz asked the group if they would move because her children were sleeping. None of the defendants said anything, and Cruz went inside her house.

At 10:15 p.m. the same evening, the group was still making noise, so Cruz went to the back door a second time. She again asked them to move because her children were trying to sleep. No one said anything to Cruz.

Cruz then testified as follows:

“Q. [Assistant State’s Attorney] Did anything unusual happen that evening?
A. Yes.
Q. What happened?
A. At 11:15 I was watching TV and I heard this big bang, like bang glass, big noise.
Q. I’m sorry. Go ahead.
A. So I went to the door again. I open up the front door. I didn’t open the screen door, just the inner part of the door.
Q. This would be your rear door, correct?
A. Yes, the back door.
Q. Did you look outside?
A. Yes, I did.
Q. What did you see when you looked outside?
A. I seen [sic] Mr. Palomino, Mr. Frigo, and Mr. Maldonado.
* * *
Q. Okay, in addition to these three defendants, did you see anyone else out there at that time?
A. Yes, I did.
Q. And who was that?
A. Same group, about 15 people were still there.
Q. When you went to the door, did you say[ ] anything to these boys at that time?
A. Yes, I did.
Q. What did you say to them?
A. I told them I didn’t ask them not once, twice, but three times if they can please move off my porch because my kids [were] trying to sleep. And since they didn’t want to leave, they leave me no other choice but to call the police.
Q. And after you told them that you were going to call the police, did any of them say anything to you?
A. Yes, they did.
Q. Who is the first one to say something to you?
A. Mr. Frigo.
Q. What did Mr. Frigo say to you at that time?
A. He told me that if I was to call the police, he was going to put a bullet through my head and he was going to bomb my house. He would take care of my kids.
Q. Where was he when he said that to you?
A. He was facing all the way to the screen.
Q. Where were your children at that time?
A. Right behind me.
Q. While Mr. Frigo was saying that, what was Mr. Maldonado doing there?
A. He was staying there representing, saying shut the F-up, get in the F-ing house. Why don’t you stay there, mind your own business. This is Disciple Nation turf. Shut up. At that point I closed the door.
Q. While Mr. Maldonado was saying that, did Mr. Palomino say anything?
A. He was yelling. He was saying Disciple love, shut up, go in the house. The rest of them were throwing objects at that time. I didn’t know what it was until later.
* * *
Q. Now after that, what did you do?
A. I went in the house and I dialed 911.
* * *
Q. After you heard this, these noises by the back door, what did you do?
A. I went back to the door.
Q. Okay. And what did you do when you went back to the door?
A. I told them that the police was [sic] coming.
Q. Did you open the back door?
A. Yes, I did.
Q. Who was there when you opened the back door?
A. The same people.
Q. Okay. And what did you say to them at that time, if anything?
A. I told them that I called the police and that they were going to be coming. That they were on their way.
Q. Did either of these three defendants say anything to you at that time?
A. Yes.

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Bluebook (online)
617 N.E.2d 236, 247 Ill. App. 3d 149, 187 Ill. Dec. 28, 1993 Ill. App. LEXIS 691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-maldonado-illappct-1993.