People v. Garcia
407 Ill. App. 3d 195
Ill. App. Ct.2011Background
- Bonita McConnell was killed by a stray bullet while driving with her sister on Cicero Ave, Chicago, on July 31, 2005.
- Garcia, with friends of the Two-Two Boys gang, encountered rival gang members at a Wal-Mart nearby and returned to a service alley area in a van.
- Johnson testified that Morales threw an object at the van; Garcia fired from the front passenger window as the Lincoln faced the van and then fled; Garcia later told Johnson to drive and to keep quiet.
- Campos and Cantu testified that Morales threw an object at the van and Garcia fired; Garcia later disposed of or hid the gun; Garcia and Campos fled after the shooting.
- Morales and Jaime testified about their gang confrontation and gunfire; forensic evidence linked cartridge cases to a single 9mm weapon and Morales’ fingerprints were found on a spray paint can lid.
- Defendant testified that he killed McConnell but with no intent to kill, claimed self-defense, and described firing in self-defense with a weak hand; the jury convicted him of first-degree murder and he was sentenced to 47 years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for first-degree murder | State proved intent or knowledge or strong probability of death | Garcia acted recklessly, not with intent/knowledge | Sufficient evidence supported first-degree murder beyond reasonable doubt |
| Self-defense and reduction to second-degree murder | Not applicable; defendant failed self-defense | Defendant acted under an unreasonable but actual belief in self-defense | Not warranted; conviction affirmed for first-degree murder |
| Plain-error challenge to State's opening/closing remarks | Objections were preserved? (not clearly) | State comments denied fair trial; plain error | No plain error; objections not preserved; affirmed conviction |
Key Cases Cited
- People v. Rodriguez, 336 Ill.App.3d 1 (2002) (sufficiency review; reasonable doubt standard for appellate review)
- People v. Cunningham, 212 Ill.2d 274 (2004) (allowable inferences and credibility for sufficiency of evidence)
- People v. Andersch, 107 Ill.App.3d 810 (1982) (pointing a loaded gun and recklessness versus intent)
- People v. Hoover, 250 Ill.App.3d 338 (1993) (recklessness in firing at an occupied target)
- People v. Lake, 298 Ill.App.3d 50 (1998) (intentionally firing at occupied premises; death or great bodily harm)
- People v. Mimms, 312 Ill.App.3d 226 (2000) (firing at an occupied car/gunfire and consequences)
- People v. Smith, 258 Ill.App.3d 1003 (1994) (intent to murder inferred from act of firing at a person)
- People v. Hawkins, 296 Ill.App.3d 830 (1998) (self-defense and unreasonable belief standards)
- People v. Huddleston, 243 Ill.App.3d 1012 (1993) (fact-finding need not accept defendant’s self-defense evidence)
- People v. Kliner, 185 Ill.2d 81 (1998) (opening statements; prejudice and misconduct standards)
- People v. Morrison, 137 Ill.App.3d 171 (1985) (prosecutor latitude in closing arguments)
- People v. Piatkowski, 225 Ill.2d 551 (2007) (plain-error framework for unpreserved errors)
- People v. Belvedere, 72 Ill.App.3d 998 (1979) (closing argument misconduct and fair trial considerations)
- People v. Averett, 237 Ill.2d 1 (2010) (structural/error-type analysis for plain error)