People v. Silva

595 N.E.2d 1285, 231 Ill. App. 3d 127, 172 Ill. Dec. 615, 1992 Ill. App. LEXIS 1086
CourtAppellate Court of Illinois
DecidedJune 23, 1992
Docket1-89-2614
StatusPublished
Cited by7 cases

This text of 595 N.E.2d 1285 (People v. Silva) 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. Silva, 595 N.E.2d 1285, 231 Ill. App. 3d 127, 172 Ill. Dec. 615, 1992 Ill. App. LEXIS 1086 (Ill. Ct. App. 1992).

Opinion

JUSTICE DiVITO

delivered the opinion of the court:

Just before midnight on January 17, 1984, in a tavern in Chicago, David Moyet was killed and Ruben Velazquez was shot twice. A jury found defendant Martin Silva guilty of Moyet’s murder and of the attempted murder and aggravated battery of Velazquez; he was sentenced to concurrent terms of imprisonment. In this appeal, defendant contends that he was denied a fair trial and urges us to reverse his convictions for the following reasons: (1) the State improperly bolstered its case by referring to statements of nontestifying witnesses; (2) the State preyed on the jury’s sympathies by its improper emphasis on Moyet’s survivors; (3) the State implied, without sufficient substantiation, that the crimes were gang-related; (4) the cumulative effect of these errors, even if harmless individually, prejudiced the jury; and (5) the court erroneously instructed the jury concerning attempted murder. For the reasons that follow, we affirm.

At trial, Moyet’s wife testified first as the “life and death” witness. Ruben Velazquez testified next for the State. He and his wife, the niece of David Moyet, resided in the same building that the Moyets occupied. At about 6:30 p.m. on January 17, 1984, Velazquez agreed to accompany Moyet to visit the latter’s cousin. The two men arrived at the cousin’s home at around 6:30 or 7 p.m., and each drank a can of beer. After an hour or so, Moyet offered to introduce Velazquez to some other friends; the two then went to a tavern, where in the course of an hour or two, Velazquez had another beer while Moyet bought a round for the house. They then went to a tavern at 1852 Blue Island in Chicago, where Moyet bought another round and Velazquez had another beer. Some time later, Moyet suggested they order food from a taco stand about 10 feet north of the tavern. Because the night was cold, the two men returned to the tavern after they ordered their food and waited just inside the door. During the 20 minutes they were there, three men entered, including defendant. Velazquez had never before seen any of the three men. Approximately 10 other people were in the tavern.

According to Velazquez, defendant “bumped into” Moyet and “called a gang name, Ambrose, you know.” Moyet and defendant “exchanged words,” and Moyet “started arguing because [defendant] pushed him.” Velazquez saw defendant put his right hand inside his pants at the waist. Thinking defendant was reaching for a gun, Velazquez punched him; defendant did not fall. Defendant drew a gun, pointed it at Moyet, and shot him. Defendant, who was 10 feet from Velazquez, then pointed the gun at him and fired; the bullet hit Velazquez’s shoulder near the collarbone. Velazquez picked up a bar stool to protect his face, and he felt another bullet hit his finger. Velazquez threw aside the bar stool after he noticed that defendant had wounded one of his own friends, who had tried to stop the shooting. Defendant and his companions then left.

Altogether, Velazquez heard more than five shots. He saw no one other than defendant with a gun. He heard someone tell the owner of the tavern to pull out his gun, but the man did not do so. After being shot, Moyet, who had gone to the rear of the tavern but returned to the front, was bleeding from the neck.

Chicago police officer Ronald Guin testified that he arrived at the tavern in response to a call and saw Moyet’s body lying on the floor, bleeding from the neck, about three or four feet from the entrance door. He saw “a trail of blood from the front of the tavern all the way to the back.” He recovered two spent bullets and seven bullet casings from various locations inside and outside the building; he also found a bullet hole in the rear wall of the tavern, which was approximately 60 or 70 feet from the entrance.

Two other Chicago police officers also testified. Detective Bedford Eveland conducted a lineup in June 1988, more than four years after the shooting, at which Velazquez identified defendant. On cross-examination, Eveland denied that defendant had been wearing glasses on the night of the lineup or that he had asked defendant to remove his glasses. Sergeant James Antonacci, who investigated the shooting, testified that after he reviewed reports by other police officers, he interviewed Velazquez, Marco Alverez, whom defendant later named as his companion on the night in question, and four other people. After these interviews, Antonacci prepared a stop order and then an arrest warrant for defendant. When the State repeatedly asked Antonacci to explain the connection between his investigation and his search for defendant, defense counsel objected and the court sustained the objections. Antonacci also commented that, just after the shooting, Velazquez told him that the three men had exited a yellow station wagon while he was outside the tavern and that his assailant had hazel eyes and a light complexion.

The stipulated testimony of the forensic pathologist, Dr. Joanne Richmond, was that Moyet died from a gunshot wound to the neck, at the area of the carotid artery. He was shot from the front, with no evidence of close-range firing.

After the State rested and the circuit court denied defendant’s motion for a directed verdict, defendant himself testified. On the night of the shooting, he and a friend, Marco Alverez, had gone to the tavern to purchase liquor; he had never been there before. Only 17 at the time, he nevertheless had been drinking beer with Marco and others earlier in the evening. Marco entered the building alone, and defendant noticed two men, one of whom was Velazquez, standing outside in front; the two men “started talking and pointing behind [Marco’s] back” and followed him inside. Defendant became suspicious and went inside to warn Marco about the two men. When defendant entered, Moyet was only four or five feet away, talking to the person behind the bar. Moyet turned and began cursing defendant. Defendant and Moyet argued for a few seconds, and then someone tapped defendant on the shoulder. Defendant turned, was struck by an unknown person, and fell. He then rose, dazed and scared, and ran out the door. As he was running, he heard two or three shots. He denied shooting, or even having, a gun; he saw no weapon in Moyet’s hands. The day after the shooting, he went to Mexico, where he lived with his family for four years. Defendant stated that he is five feet seven inches, has greenish-brown eyes, and always wears glasses. At the lineup, he said, the police removed his glasses.

After the jury returned guilty verdicts on murder, attempted murder, and aggravated battery, the court found that the aggravated battery conviction merged with the attempted murder conviction and sentenced defendant to 28 years for the murder and to a concurrent 18 years for the attempted murder.

I

Defendant’s first challenge to his convictions is that his sixth amendment right to confront witnesses was violated because the State improperly incorporated references to statements by nontestifying eyewitnesses to bolster Velazquez’s identification of defendant. This error, he claims, warrants reversal. Defendant faults especially the prosecutor’s questions to Antonacci about his investigation.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Aguirre
2024 IL App (2d) 230287-U (Appellate Court of Illinois, 2024)
People v. Peterson
2020 IL App (5th) 160541-U (Appellate Court of Illinois, 2020)
People v. Williams
635 N.E.2d 653 (Appellate Court of Illinois, 1994)
People v. Gayfield
633 N.E.2d 919 (Appellate Court of Illinois, 1994)
People v. Flores
628 N.E.2d 226 (Appellate Court of Illinois, 1993)
People v. Colon
618 N.E.2d 1067 (Appellate Court of Illinois, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
595 N.E.2d 1285, 231 Ill. App. 3d 127, 172 Ill. Dec. 615, 1992 Ill. App. LEXIS 1086, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-silva-illappct-1992.