People v. Rea

2023 IL App (1st) 210577-U
Appellate Court of Illinois·Decided March 15, 2023·No. 1-21-0577·Unpublished

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.

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.”

¶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

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

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.

¶ 13 On August 21, 2017, Neal received a Snapchat message from Javier Lopez, asking him to come to Munoz’s house. There, Neal met Lopez, Munoz, and defendant, whom he identified in court. Between 7 and 7:30 p.m., Neal and Lopez discussed “robbing someone for weed” and that Munoz would call the intended target. One of them asked Neal if he had a firearm. Neal answered affirmatively, but did not actually possess a firearm. Neal observed defendant place two wooden baseball bats in the trunk of Munoz’s vehicle, a Camry.

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

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