People v. Vega

560 N.E.2d 983, 203 Ill. App. 3d 33, 148 Ill. Dec. 386, 1990 Ill. App. LEXIS 1371
CourtAppellate Court of Illinois
DecidedSeptember 7, 1990
Docket1-87-1970
StatusPublished
Cited by26 cases

This text of 560 N.E.2d 983 (People v. Vega) 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. Vega, 560 N.E.2d 983, 203 Ill. App. 3d 33, 148 Ill. Dec. 386, 1990 Ill. App. LEXIS 1371 (Ill. Ct. App. 1990).

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

Defendant, Mark Vega, was found guilty of murder and attempted murder and was sentenced to concurrent prison terms of 30 years and 5 years, respectively. On appeal, defendant contends the trial court erred in denying his first and second motions to quash arrest and suppress evidence because an illegal seizure occurred prior to a formal arrest, and because no probable cause existed for an arrest.

On March 13, 1986, 16-year-old Christine Special was shot in the head and killed while driving with Ida Caram at 21st Street near Washtenaw in Chicago. Caram told the police that she saw two young men standing near the car, making gang signals and shouting “Satan Disciples.” The pair walked to the middle of the street, behind Special’s car, and the shorter man pulled a gun and began shooting. Special was shot in the head. Caram ran from the car into a tavern, as the man continued shooting at her. Caram described the shooter as 18 years old, 5 feet 10 inches tall, thin build, and black hair. The man standing next to him was 19 years old, 6 feet tall, thin build, and black hair. She could not identify either man in lineups or photog /aph displays.

Robert Sanchez, the shooter, later pled guilty to the murder of Special and attempted murder of Caram, and was sentenced to a 35-year term. He is not involved in this appeal.

On October 1, 1986, a hearing was held on defendant’s first motion to quash arrest and suppress evidence.

Maria Medina, defendant’s mother, testified that officers spoke with defendant between March 13 and April 3. Medina telephoned the police and asked why they were looking for defendant. “[Tjhey told me they just wanted to ask him some questions about the incident ***.” An officer later telephoned and said defendant was at the station and being questioned. Her son was released. Also after March 13, 1986, Officers Thedford and Peterson came to Medina’s home and asked for a photograph of defendant, which she gave them.

On April 3, 1986, at 12:40 p.m., Thedford telephoned and said they were coming over to ask defendant some questions about the incident. Medina told Thedford, “Fine.” She knew her son had been mentioned in connection with the homicide. Medina wakened defendant. Twenty minutes later, Thedford and Peterson arrived. When defendant entered the room, Thedford “told him to get his jacket.” Medina asked “why was he to go get his jacket if they were gonna ask him questions there.” Thedford responded “that they could ask him questions better at the station.” Medina reminded the officers that defendant had already been questioned and asked why he had to go to the station again. “He told me that these tactical officers don’t know how to ask questions; that they knew better how to ask him questions.”

Medina testified that she told her son to go with the police because “[i]f I know that it’s got something to do with the police, you just do what the police say.” The officers promised that defendant would be home before Medina left for work at 3 p.m. Thedford gave Medina his business card with the telephone number for Area 4, in case she had questions. The officers did not ask if Medina wished to accompany them and did not indicate defendant could refuse to go. Medina did not tell the police she did not want her son to talk to them or that she wanted him to have a lawyer or ask what the questions concerned; and did not try to stop them or accompany them to the station.

Medina watched the officers take defendant to the car. “They had my son by his arm,” and they opened the car door for him. After 3 p.m., Medina telephoned the police station every 20 to 30 minutes. She asked to speak with Thedford, but was told he was out on the street. After she tried at 4 p.m., Thedford returned the call. “He told me that my son wasn’t cooperating [and asked] *** if I could talk him into taking a lie detector test.” Thedford said defendant could then go home. Medina spoke with defendant and told him to cooperate so he could go home. She told him if he had no involvement with the homicide, he should take the test. Defendant did not tell Medina whether he was going to take the test. “He didn’t know.” Thedford then got back on the telephone and asked what defendant had said to Medina. Medina continued to telephone the station every half-hour after that. Early in the morning of the following day, Medina was told that defendant had made a statement concerning his involvement in the shooting.

Defendant, who was 16 years old at the time of the shooting, denied that on March 13, 1986, at 11:30 p.m., he was stopped by police in the vicinity of 21st and Washtenaw. About March 24, 1986, the police stopped him on the street and asked him about the shooting of a young girl.

On April 3, 1986, his mother woke him and said the police were coming to talk with him. He did not ask his mother why the police wanted to talk to him, and she did not offer any information. He did not know they wanted to talk about the shooting. He washed up before they arrived.

When the police arrived, they told defendant to put on his coat. Defendant did not refuse to accompany them. Defendant went with the police because “I felt like I didn’t have a choice.” He felt compelled to go “[b]ecause the tone of voice was deep and they said, you know, get your coat. I obeyed them.”

Thedford put his hand on defendant’s arm, grasping it, before they walked out the door. Defendant was between the two officers. While walking down the stairs, defendant told the officers, “I don’t want to go.” He had not said that to his mother. The officers responded, “You’re going.”

Outside, at the unmarked car, the officers searched defendant after making him stand with his legs spread apart. They put him in the back seat of the car, where there were no handles inside the doors. During the 15-minute ride, the police never told him he was under arrest. Defendant testified that when they got in the car, he found out they wanted to question him about the shooting.

At the station, he was put in an interview room alone. The police said nothing to him. The door was closed and he heard a lock shut. The door had no handle.

Two hours after arriving at the station, defendant spoke with his mother on the telephone. He told her he did not want to stay at the station. “She told me to obey what they say and you’ll come home.” He repeated that he wanted to go home.

Officer Terrence Thedford testified for the State that Caram reported the circumstances of the shooting to him. On March 17 or 18, 1986, Thedford went to defendant’s home. Thedford believed defendant might have information about the shooting. “I would say I didn’t know if he had any more or less involvement than all the other names that came up in this investigation.” Thedford had previously left word with defendant’s mother and grandfather, and left business cards with a message that they wanted to talk to defendant, but defendant never contacted the police.

The preliminary police report stated that the offenders were affiliated with the Satan Disciples. Thedford did not believe defendant was in the Satan Disciples gang. He knew Caram had seen a photograph of defendant and had not identified it.

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Cite This Page — Counsel Stack

Bluebook (online)
560 N.E.2d 983, 203 Ill. App. 3d 33, 148 Ill. Dec. 386, 1990 Ill. App. LEXIS 1371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vega-illappct-1990.