People v. Rodriguez

592 N.E.2d 18, 227 Ill. App. 3d 397, 169 Ill. Dec. 531, 1991 Ill. App. LEXIS 1512
CourtAppellate Court of Illinois
DecidedSeptember 6, 1991
Docket1-88-1022
StatusPublished
Cited by10 cases

This text of 592 N.E.2d 18 (People v. Rodriguez) 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. Rodriguez, 592 N.E.2d 18, 227 Ill. App. 3d 397, 169 Ill. Dec. 531, 1991 Ill. App. LEXIS 1512 (Ill. Ct. App. 1991).

Opinion

JUSTICE EGAN

delivered the opinion of the court:

The defendant, Harry Rodriguez, was indicted for the capital murder of Raymond Carvis, residential burglary, home invasion and armed violence. Indicted with him were Fernando Gomez, Robert Car-dona, Gregory Cardona, Lowell Higgins-Bey and Michael McCastle. The defendant was tried separately and found guilty of murder, residential burglary and home invasion. He was sentenced to natural life without parole for murder, 30 years for home invasion and 15 years for residential burglary.

Two of the codefendants, Fernando Gomez, known as Pee Wee, and Lowell Higgins-Bey, known as Lowdown, testified for the prosecution. Before they testified, the State agreed to drop the capital murder charges against them and recommend four years’ imprisonment for residential burglary.

Gomez, who was 19 years old at the time of trial, testified that he was a former member of the Disciples and Spanish Cobras gangs. He quit the gangs five months before he met the defendant. He was on probation for attempted robbery at the time he testified.

On June 22, 1987, he met McCastle, known as Scandalous, Higgins-Bey, the Cardona brothers, known as Little Coco and Big Coco, and the defendant near a church on Wrightwood in Chicago. At that time the defendant talked about making some money and told Gomez to meet him at the Cardona apartment at 1 p.m. the next day.

At 1 p.m. the next day, Gomez went to the Cardona apartment building at Sawyer and Wrightwood. Outside the building he met the Cardona brothers, McCastle and the defendant. The Cardona apartment building was approximately one block away from the home of Raymond Carvis. The defendant announced that they were going to commit a burglary in the neighborhood.

They left the Cardona apartment, and the defendant told Robert Cardona and Higgins-Bey to walk down the alley behind Sawyer. The defendant, McCastle, Gregory Cardona and Gomez walked north on the sidewalk of Sawyer. At one point the defendant told the other men to stop, and the defendant walked on and turned somewhere. Gomez next saw the defendant as he opened the front door of Carvis’ house. Upon opening the door, the defendant told Gomez, McCastle and Gregory Cardona to come into the house.

When the front door opened, Gomez saw Carvis standing at the bottom of the stairs inside the house. Gomez, McCastle and Gregory Cardona rushed into the house. McCastle, Gregory Cardona and the defendant grabbed Carvis and carried him upstairs. Once upstairs, they carried Carvis to the left side of the staircase. Carvis fought in an attempt to break free.

While the others were wrestling with Carvis, Gomez walked into one of the upstairs rooms to look for property to steal. He walked out of the first room and saw the others were still wrestling with Carvis. Gomez went into a second room looking for things to take and spent 15 minutes there. When he left the second room he saw Higgins-Bey standing at the top of the stairs.

Gomez himself hit Carvis once or twice. Robert Cardona also hit Carvis a few times. Then everybody started hitting Carvis while McCastle held him by the neck.

The defendant then pulled a “butterfly knife” out of his back pocket and stabbed Carvis in the stomach. Gomez saw the defendant stab Carvis once. Carvis moaned and tried to wrestle free after the stabbing. Higgins-Bey, who had been at the top of the stairs, disappeared. After the stabbing, McCastle threw Carvis onto the floor while Gregory Cardona controlled his legs. Gomez and the two Cardonas then went into the second room, and looked for property to steal.

The defendant told them he needed something with which to tie Carvis up. Robert Cardona brought out a necktie and the defendant tied Carvis’ arms behind his back. After tying up Carvis, the defendant and McCastle forced Carvis to his knees. While McCastle held Carvis around the neck, the defendant put his penis near Carvis’ face and buttocks. Gomez then left the house through the front door. He did not take anything from the house. He was in the house for about one half-hour and did not hear or see any dogs in the house.

After leaving the house, he walked to the corner of Sawyer and Milwaukee and watched Carvis’ house. He saw Gregory Cardona leave the house with things in his hands. Cardona put the things in a car and returned to Carvis’ house. Cardona returned to sit in the car, after opening the trunk. Gomez then took the “el” home.

The following day Gomez saw all the other defendants at Diversey and Kedzie. The defendant gave $300 to Gomez, but there was no discussion of what had occurred the day before. He did not see any of the other defendants again until he was arrested two months later on August 29, 1987.

After his arrest, Gomez was questioned by the police, and he subsequently gave a court-reported statement. He admitted that during the police questioning he made up a story about cruising in a car. He told the police that he and the other men drove into an alley near Carvis’ house, went to a McDonald’s and then went to an apartment on Sawyer. He made up this story to avoid talking about the murder.

He also told the police the defendant knocked on Carvis’ door and McCastle and Higgins-Bey grabbed Carvis. He admitted he lied when he said Higgins-Bey was at the front door and that Higgins-Bey kicked Carvis. He explained that he was mad because the police told him that Higgins-Bey had made a statement against him. He did not tell the police that he met with the other men the day before the murder. Nor did he tell the police that he left Carvis’ home alone; he said he and the other men all ran out of the house together.

He agreed with the State’s Attorney’s office to testify; in return for his testimony, the murder charges would be dropped and he would be sentenced to four years’ imprisonment. He knew the agreement was “off” if he lied.

Lowell Higgins-Bey testified that he is a former member of the Milwaukee Kings gang, which was associated with the Disciples and Spanish Cobras, and that he was on probation for robbery at the time of trial. He had also spent time at St. Charles Reformatory for robbery as a juvenile.

On the day before the killing, he saw the defendant, McCastle and the two Cardonas. Gomez was about a half block away from the group when Higgins-Bey arrived. At that time McCastle told him that they were going to make some money the next day and to be around. This was the first time anyone mentioned a burglary.

At approximately 1:30 p.m., on June 23, 1987, he met Robert Car-dona at Sawyer and Diversey. They walked to the Cardona apartment at Wrightwood and Sawyer, where they saw Gregory Cardona, McCastle and the defendant in front of the apartment building. Higgins-Bey and Robert Cardona then walked to Schubert and Spaulding where they bought marijuana dipped in PGP (“Happy Sticks”) for $40. They returned to the Cardona apartment and the defendant, McCastle and the Cardonas smoked the “Happy Sticks.”

Outside the Cardona apartment building, the defendant started talking about making some money by committing a burglary. He told the others it would be nearby, and not to worry about anything.

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Cite This Page — Counsel Stack

Bluebook (online)
592 N.E.2d 18, 227 Ill. App. 3d 397, 169 Ill. Dec. 531, 1991 Ill. App. LEXIS 1512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rodriguez-illappct-1991.