People v. Rea

2023 IL App (1st) 210577-U
CourtAppellate Court of Illinois
DecidedMarch 15, 2023
Docket1-21-0577
StatusUnpublished

This text of 2023 IL App (1st) 210577-U (People v. Rea) 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. Rea, 2023 IL App (1st) 210577-U (Ill. Ct. App. 2023).

Opinion

2023 IL App (1st) 210577-U No. 1-21-0577 Order filed March 15, 2023 Third Division

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County. ) v. ) No. 17 CR 13958 ) EDWIN REA, ) Honorable ) Steven J. Goebel, Defendant-Appellant. ) Judge, presiding.

PRESIDING JUSTICE McBRIDE delivered the judgment of the court. Justices Reyes and Burke concurred in the judgment.

ORDER

¶1 Held: We affirm defendant’s convictions for attempted murder and armed robbery over his challenge to the sufficiency of the evidence of his specific intent to kill the victim and that he took the victim’s property.

¶2 Following a bench trial, defendant Edwin Rea was found guilty of one count of attempted

murder, one count of armed robbery, and two counts of aggravated battery. 1 The trial court merged

1 Defendant and Javier Lopez Jr. had simultaneous severed bench trials. In the trial testimony, Javier Lopez Jr. was also identified as “Javier Lopez.” He is not a party to this appeal. No. 1-21-0577

the aggravated battery counts into the attempted murder count, and imposed concurrent 16-year

prison terms for attempted murder and armed robbery. On appeal, defendant contends there was

insufficient evidence of his specific intent to kill the victim or that he took property from the victim.

We affirm.

¶3 Defendant was charged by indictment with multiple offenses against the victim Joshue

Portillo following an incident on August 21, 2017. 2 The State proceeded on counts for attempted

murder predicated on shooting Portillo (count I) and striking him about the body (count II);

aggravated battery predicated on shooting Portillo (count III), causing him great bodily harm by

means other than discharging a firearm (count VIII), and causing bodily harm with a deadly

weapon, a bat (count IX); and armed robbery of Portillo while armed with a dangerous weapon, a

bat (count IV) and a firearm (count V).

¶4 Portillo testified that on the evening of August 21, 2017, a woman named Valerie Munoz

drove him to Challenger Park in Streamwood. Once there, Munoz said she had to make a phone

call, so they exited the vehicle, a gold Toyota Camry. Portillo walked to the front of the vehicle

and heard someone say, “ ‘What’s up, mother***.’ ” Portillo turned and “glimpse[d]” two “male

Hispanics” running toward him. Portillo ran, but after “[t]wo steps” he was hit on the lower back

with a long wooden object. He fell facedown and covered his head with his hands. For two to five

minutes, he was repeatedly struck on the head, arm, and lower back. Portillo next remembered

seeing a red vehicle, being asked if he needed medical attention, and going to a hospital.

2 Although the indictment identified the victim as “Joshua Portillo,” at trial he spelled his first name as “Joshue.”

-2- No. 1-21-0577

¶5 Although Portillo was initially too disorientated to speak to the police, he later told officers

that Munoz, with whom he had an “ongoing issue,” brought him to the park. At trial, Portillo

explained that he posted pictures of Munoz on Craigslist because she said he raped her. Portillo

denied raping Munoz, although they had “sex a couple times.” They were not in a relationship

because Munoz had a “baby daddy.”

¶6 During his five-day stay at the hospital, Portillo underwent multiple x-rays and the police

photographed his injuries. Portillo identified photographs of his injuries, which were admitted and

published, and are included in the record on appeal. This court has viewed the photographs. One

photograph depicts a man’s head; the forehead is bloody and stitched, and blood is pooled in an

ear. The second photograph depicts an arm, shoulder, and back bearing red marks. A third

photograph depicts a man on a bed wearing a cervical color with bloodstains surrounding his head.

Other photographs show a closeup of a man’s bloody head in a pool of blood and a red mark above

a buttock.

¶7 At trial, Portillo showed the court a scar on the left side of his temple and stated that, as a

result of this incident, he was partially deaf in his left ear. When he went to the park, Portillo had

a cellphone, marijuana, identification, and “some change” in his pocket. When he arrived at the

hospital, neither the phone nor the marijuana were in his pocket.

¶8 During cross-examination, Portillo did not remember telling police that he walked to meet

Munoz, but asserted that he told the police that the men said, “ ‘Hey, mother***.’ ” Munoz wanted

to smoke marijuana with him and did not indicate that she knew he put her name and phone number

on Craigslist. Portillo did not know whether she knew what he had done, but he believed that

Munoz told her baby’s father that Portillo raped her. Portillo did not immediately see the men

-3- No. 1-21-0577

approaching because it was dark. He did not recognize them and could not identify them. Portillo

did not see whether the men wore something on their heads or how many bats were involved. He

did not see a firearm or hear a gunshot.

¶9 During redirect, Portillo testified that he was hit with a long wooden object and went in

and out of consciousness. While hospitalized, he was treated for a gunshot wound.

¶ 10 Sabrina Burd testified that her property abutted Challenger Park. She and her husband were

on their deck on the evening of August 21, 2017, when she heard a man yelling. Burd approached

the fence, and heard screaming and a “board” being repeatedly hit “against a building really hard.”

She believed the sound was coming from a nearby parking area, but could not “make out people.”

At one point, Burd believed she heard three gunshots. She then retrieved binoculars and gave them

to her son, who thought he saw someone on the ground. After Burd saw a vehicle leave, Burd and

family members drove to the parking area, discovered a man on the ground, and called 911. She

later spoke to the police, but did not remember what she told the 911 operator.

¶ 11 McHenry County deputy sheriff Benjamin Steinmetz testified that, in August 2017, he

worked for the Streamwood police and responded to a call of a man on the ground in a park. The

caller reported hearing “two loud pops” and what “sounded like” a man being beaten. Steinmetz

spoke to the 911 caller, walked into the park, and located a man on the ground. The man had a

“large amount” of blood on his shirt, arms, and head, and several “gashes” to the back of the head.

One gash on the back left side of the head was “at least an inch long.” When Steinmetz approached,

he was unsure if the man was alive. The man had difficulty answering Steinmetz’s questions, spoke

with “slurred” speech, and “seemed semiconscious,” but indicated that his arm hurt. Once

-4- No. 1-21-0577

paramedics arrived, Steinmetz and other officers looked for shell casings, bullets, and weapons,

but did not find any.

¶ 12 William Neal testified that he had prior convictions for theft and obstructing identification.

Neal was charged in this case, but agreed to testify in exchange for consideration from the State.

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Cite This Page — Counsel Stack

Bluebook (online)
2023 IL App (1st) 210577-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rea-illappct-2023.