People v. Quiroz

625 N.E.2d 856, 253 Ill. App. 3d 739, 192 Ill. Dec. 701, 1993 Ill. App. LEXIS 1806
Appellate Court of Illinois·Decided December 9, 1993·No. 2-92-1208·Published·Cited by 6 cases

Opinion

JUSTICE COLWELL

delivered the opinion of the court:

A jury found defendant, Raul Quiroz, guilty of two counts of solicitation of murder (Ill. Rev. Stat. 1991, ch. 38, par. 8 — 1.1 (now 720 ILCS 5/8 — 1.1 (West 1992))) of his father, Roberto Quiroz. The trial court sentenced defendant to concurrent sentences of 18 years and 15 years in the Illinois Department of Corrections. Defendant appeals, alleging that the State failed to prove him guilty beyond a reasonable doubt and that the trial court erroneously instructed the jury on accountability and specificity of the dates in the indictment. We affirm.

Roberto Quiroz was shot and killed near his van outside of his apartment in Villa Park during the early morning hours of May 23, 1991. Roberto had separated from his wife, defendant’s mother, and was living with his girlfriend, Gloria Contreras, at the time of his murder. He owned a maintenance business called R.A.Q. Contract Cleaning.

Defendant was arrested for Roberto’s murder on June 9, 1991, and subsequently indicted on one count of murder without lawful justification and with the intent to kill (Ill. Rev. Stat. 1991, ch. 38, par. 9 — 1(a)(1) (now codified, as amended, at 720 ILCS 5/9 — 1(a)(1) (West 1992))), one count of murder by shooting Roberto knowing such act created a strong probability of death or great bodily harm (Ill. Rev. Stat. 1991, ch. 38, par. 9 — 1(a)(2) (now codified, as amended, at 720 ILCS 5/9 — 1(a)(2) (West 1992))), and one count each of the solicitations of Michael Adams and Darren Brown to commit murder (Ill. Rev. Stat. 1991, ch. 38, par. 8-1.1 (now 720 ILCS 5/8-1.1 (West 1992))). Defendant’s first trial in March 1992 ended in a mistrial after the jury was unable to reach a unanimous verdict on any of the counts. Defendant was retried in June 1992.

The evidence at the second trial established that defendant had worked for Roberto's cleaning business during late 1990. Roberto traveled to Mexico sometime during January 1991 and told defendant to run the business in his absence. Roberto returned from Mexico in February 1991 with Gloria Contreras, whom he had married in Mexico even though he was not divorced from his wife, defendant’s mother. Roberto was apparently unhappy with defendant’s performance with the business and took the company back under his control. The evidence indicates that defendant had stolen checks from the company checkbook and forged them to pay for his personal bills and to buy compact discs. Defendant was upset with his father for taking back the business and began expressing his sentiments to his friends.

Carol Mladucky testified that she lived in an apartment with Darren Brown and Michael Adams from April 1, 1991, until sometime in June 1991. Defendant came over to their apartment several times. She frequently heard defendant talk about his father taking control of the business from him and that he was very upset about it. She said defendant was also upset about his father’s girlfriend. Mladucky recalled two occasions when she was in the apartment with Brown, Adams, and defendant. Defendant was discussing the problems with his father. Defendant then asked them if they knew of anyone who would “knock somebody off.” Mladucky said that defendant’s questions were basically ignored, but that defendant had a blank look on his face and was not laughing when he asked the question. Mladucky also heard Brown and defendant talking about breaking into a van and taking checks to buy compact discs.

Darren Brown testified that he was a close friend of defendant’s before the murder and had worked for R.A.Q. Contract Cleaning. He saw defendant quite often during the first few months of 1991. Brown saw defendant remove checks from the company checkbook while his father was in Mexico. He knew defendant wrote checks out for his rent payments. Brown testified that defendant first talked about killing his father about two weeks after his father returned from Mexico late in January or early in February 1991. Defendant was upset and said he wanted to kill his father for taking back the business. During March 1991, Brown talked with a friend named Michael Adams and asked him if he knew of someone or if he himself would hire out to kill someone. Adams said he would do it for the right price but was not accepting anything at the time. Brown testified that neither defendant’s nor defendant’s father’s name specifically was mentioned.

Brown testified that defendant brought up the subject again a week or two later while they were talking alone. Defendant discussed the various ways he could kill his father, either by shooting him, using a knife, or cutting the brake lines on his van. Brown told defendant that Michael Adams might do it and defendant asked him “to look into it.”

Brown testified that sometime in April 1991 he was talking in his apartment with Adams, Mladucky, and defendant. Defendant asked Adams to kill his father. Adams declined, but said he knew of someone who would do it although this person was out of State and Adams would have to contact him. Brown testified that he was in the apartment with defendant, Carol, and Adams on another occasion when Adams and defendant were engaged in a conversation that Brown could not hear.

Adams’ testimony corroborated most of Brown’s statements except that Adams said the first conversation in the apartment occurred approximately one week before Roberto’s murder. Adams testified that defendant was talking that day about problems going on with his father and his family. Defendant appeared very nervous and edgy. He asked Adams if he knew anybody that did professional hits and what that would consist of. Adams replied that he used to know such people but did not associate with them anymore. Defendant then asked Adams “[w]ell, would you do it? I mean, could I pay you? Would it be easier? Would it be cheaper?” Adams declined. Adams stated that defendant asked these questions in the specific context of killing his father.

Adams stated that the second conversation with defendant occurred about three days before the murder. Adams was at his apartment with Brown, Mladucky, and defendant. Adams testified that, as defendant was leaving the apartment, he walked by Adams and asked: “[h]ave you given anything any more thought *** given any more ideas about making some extra cash?” Adams again declined, and defendant replied that he would take things into his own hands and “be on his merry way.” Adams admitted he did not tell the police about this conversation in his initial interview with them after the murder.

Gloria Contreras testified that she overheard a conversation between defendant and his father, Roberto, about two weeks before the murder. She heard Roberto say he would call the police if defendant did not pay the money he owed him because it was not the first time defendant had stolen money.

On the evening before the murder, defendant and Brown ate pizza with some of defendant’s family and then went to a friend’s house to watch a basketball game. Defendant and Brown left about 10:30 p.m. so that defendant could drive Brown home. In the car, defendant brought up the subject of killing his father. Defendant asked Brown to be his alibi. Brown agreed.

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People v. Quiroz, 625 N.E.2d 856, 253 Ill. App. 3d 739, 192 Ill. Dec. 701, 1993 Ill. App. LEXIS 1806 (Ill. Ct. App. 1993).

625 N.E.2d 856 (People v. Quiroz) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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