People v. Villegas

584 N.E.2d 248, 222 Ill. App. 3d 546, 165 Ill. Dec. 69, 1991 Ill. App. LEXIS 1976
CourtAppellate Court of Illinois
DecidedNovember 25, 1991
Docket1-89-1964
StatusPublished
Cited by21 cases

This text of 584 N.E.2d 248 (People v. Villegas) 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. Villegas, 584 N.E.2d 248, 222 Ill. App. 3d 546, 165 Ill. Dec. 69, 1991 Ill. App. LEXIS 1976 (Ill. Ct. App. 1991).

Opinion

JUSTICE BUCKLEY

delivered the opinion of the court:

Defendant Jose Villegas was convicted of murder (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1(a)) and armed violence (Ill. Rev. Stat. 1987, ch. 38, par. 33A — 2) and received concurrent terms of 50 and 30 years, respectively. Defendant alleges the following reversible errors on appeal: (1) the court improperly excluded numerous hearsay statements of defendant’s brother, Gonzolo Villegas, which profess that he, not defendant, murdered the victim; (2) the court erred when it allowed the State to introduce the prior inconsistent statement of defendant’s wife, Carmen Villegas; (3) defendant was denied a fair trial when the State confronted defendant with a prejudicial, prior inconsistent statement and then failed to prove it up in rebuttal; (4) the court erred in refusing to instruct the jury on second-degree murder based on sudden and intense passion; and (5) defendant’s conviction and sentence for armed violence should be vacated where they are based on the same physical act as defendant's murder conviction.

On January 1, 1988, Jacob Bulthius received multiple stab wounds which caused his death. Defendant was charged with his murder and tried before a jury; the record reflects the following evidence.

Timothy Anderson testified that on January 1, 1988, at approximately 8:30 to 9:30 p.m., he and his friend David Jambrosek went to John and Mary’s Tap located in Cicero, Illinois. They were later joined by their friends David Wisnieski and John Beja.

Anderson testified that he played and lost a couple games of pool with two of the Villegas brothers. An argument ensued after Anderson refused to play for money. Defendant then challenged Anderson to a fight, and the two went outside and wrestled alone for 15 to 20 minutes. Anderson testified that defendant was wearing a white sweater with a red “V” in the center.

While defendant and Anderson wrestled, a car containing Jacob Bulthius, his brother Michael and their father, William, pulled up and parked. As the three Bulthius men walked toward the fight, defendant and Anderson stopped fighting. Anderson entered the bar again and soon learned that another fight had begun in the parking lot. Anderson later looked out the bar’s window and saw two of the Bulthius men lying on the ground. Anderson saw defendant get into the Bulthiuses’ car and drive it away. Anderson stated that defendant, at this time, had what looked like a bloody knife in his hand.

On cross-examination, Anderson admitted that he initially identified Pedro Villegas as the person with whom he was fighting. Two hours later, after being allowed to think about the identification, Anderson selected defendant. Officer DeFalco would later testify that it was Francisco Villegas, not Pedro, that Anderson initially identified. DeFalco also stated that Anderson never told him that he (Anderson) saw defendant with bloody hands and that Anderson told him that defendant never drove away in the Bulthiuses’ car.

Michael Bulthius testified that he, his brother and father were driving by the bar when they saw Anderson and defendant fighting. They yelled at them to stop fighting, exited their car and walked towards them. A group of “Mexicans” were standing at the entrance door and asked if they were the police. They responded no and began walking back to the car. As they were walking, they were attacked from behind. Efren Villegas, defendant’s brother, struck Michael Bulthius with a pool cue as Michael was being held by two of the Mexicans. Efren tried to stab Michael with the now broken pool cue, but Michael broke free and ran away. Michael was chased by two Mexicans down an alley and got away. When he returned, his brother Jacob was dead and his father was bleeding from his stomach. The police had arrived and were all over the scene. William Bulthius later died of stab wounds. Michael testified that defendant was wearing a white sweater with a red collar or something red underneath.

John Beja testified that Anderson was fighting with the guy wearing a white V-neck sweater which had red on it. After Anderson came back in the tavern, the six Villegas brothers went outside. One of the brothers came back in the bar and said, “Give me my jacket, I have a gun, I’ll shoot them all.”

Dave Wisnieski testified that Efren Villegas stabbed William Bulthius three times in the belly. However, at the lineup, Wisnieski identified defendant as the one who stabbed William Bulthius.

Dave Jambrosek testified that defendant and Anderson went outside to fight. Defendant was wearing a white V-neck sweater with a red shirt underneath. After Anderson returned to the bar, he saw defendant arguing with the three Bulthius men. The other Villegases went outside and three of them had pool sticks. Jambrosek saw defendant stab Jacob Bulthius.

Shortly after the Cicero police arrived, a witness informed them that the group of Mexicans fled down the street into a house. The officers proceeded to the house and spoke with a female on the first floor. The officers then went to the attic apartment and knocked on the door. The officers discovered blood on the stair railing and saw movement inside the apartment. The officers kicked the door down and found five male Hispanics hiding in the apartment. Defendant was found hiding without a shirt under a bedroom mattress and placed under arrest.

The parties stipulated that the blood on defendant’s pants and stair railing could have come from Jacob Bulthius, Efren Villegas or defendant but not from William Bulthius.

The following witnesses testified for the defense. Carmen Ville-gas, defendant’s wife, testified that during the early morning hours of January 2, 1988, Gonzolo Villegas came to the apartment, went into the kitchen and left a few minutes later. When he returned, he had a knife in his hand with blood on it.

Francisco Villegas testified that he saw one of the Bulthiuses hitting the defendant in an effort to help Anderson. Michael Bulthius said, “Stop the fight. We are police.” When Francisco went outside, Michael showed him a police star and told him he was a policeman. Michael then hit Francisco in the face, causing him to bleed. Francisco saw Gonzolo Villegas stab William and Jacob Bulthius.

Jose Villegas (not the defendant) testified that one of the Bulthius men grabbed defendant and also hit Francisco in the face. The older Bulthius man called him a “wetback” and hit him. He defended himself and saw Gonzolo fighting with the younger Bulthius man. He saw something in Gonzolo’s hand which could have been a knife; he also saw blood.

Pedro Villegas testified that he saw Michael Bulthius hit Francisco. He saw Gonzolo stab William Bulthius while he (Pedro) was fighting with him.

Defendant testified that he did not have a knife and did not stab Jacob Bulthius. He also stated that he was wearing a white sweater with a blue jacket and was not wearing anything red.

In rebuttal, the State called Carmen Villegas. She testified that she did not remember telling Detective Wolff that her husband was wearing a white sweater with some type of red shirt underneath it on the night of the murder.

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Cite This Page — Counsel Stack

Bluebook (online)
584 N.E.2d 248, 222 Ill. App. 3d 546, 165 Ill. Dec. 69, 1991 Ill. App. LEXIS 1976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-villegas-illappct-1991.