APPEAL from the Circuit Court of Cook County; the Hon. ROBERT
J. COLLINS, Judge, presiding.
MR. PRESIDING JUSTICE GOLDBERG DELIVERED THE OPINION OF THE COURT:
Rehearing denied December 26, 1979.
Saud Jodie (defendant) was indicted for aggravated battery upon Steven Flores and also for attempted murder of Steven Flores, Joseph Flores and Lorenzo Flores. After trial by jury, defendant was acquitted on all of the attempted murder charges and was found guilty of the aggravated battery of Steven Flores. Defendant was sentenced to 3 to 10 years. He appeals.
In this court defendant contends the trial judge erroneously permitted testimony by a police officer regarding refusal of defendant to talk to the police and the prosecutor referred to this refusal in closing argument; the trial court prohibited defendant from inquiring into the nature and severity of criminal charges pending against Steven Flores; the trial court unduly restricted cross-examination of Joseph Flores by defendant's counsel; the trial court wrongfully permitted the State to rehabilitate a witness by use of prior consistent statements; defendant's motion to suppress statements made as a result of physical and psychological coercion were wrongfully denied; defendant's motion to quash his arrest and suppress statements was wrongfully denied since the arrest of defendant was without probable cause and was illegal and the maximum sentence imposed was excessive.
Steven, Lorenzo and Joseph Flores are brothers. Steven Flores testified that Lorenzo Flores was driving his car westbound on 91st Street on July 13, 1974. Steven was in the front passenger seat. At about 7 p.m. Lorenzo stopped the car behind a brown automobile which was double parked so that the Flores car could not pass. Lorenzo sounded his horn without result. When an opportunity arose, Lorenzo drove his car around the standing vehicle. There were a number of persons in this automobile. Steven further testified that their car continued west and halted for a stop sign on 91st Street and Exchange Avenue. The brown car they had previously passed came up on their right. The driver of the brown car and the passenger in the front seat shouted obscenities. Steven made an in-court identification of defendant as the passenger in the other car. He observed defendant at the stop sign for 20 to 25 seconds.
The Flores' car then continued for a half block to their mother's home. Steven testified he heard the screeching of tires and saw the brown automobile driving toward Lorenzo's car. Steven saw the passenger, identified as defendant, leaning out of the window with a gun in his hand. Steven heard several shots and felt a sharp pain in his shoulder. He identified the person who had shot him as the defendant. The parties stipulated that various complications resulted because of the wound inflicted upon Steven. They agreed that a bullet could not be removed and remains lodged in his shoulder. Steven testified to diminished use of his left shoulder. Immediately after the shooting, Lorenzo drove Steven to a hospital about one mile away.
Lorenzo Flores testified to passing the brown automobile. In corroboration of the testimony of Steven, Lorenzo also stated that as he halted the car in front of his mother's house, he noticed the brown car coming closer and heard gunshots. Lorenzo identified defendant in court as the man seated in the front passenger seat of the other car who leaned out of the window with a gun in his hand. Lorenzo saw this person for about three seconds. He heard gunshots, saw Steven was wounded and then drove Steven to the hospital.
Two other brothers, Louis and Joseph Flores, arrived at the hospital. Joseph Flores, a Chicago police officer, was off duty on that day. They left the hospital sometime later in Joseph's car. When they had gone some distance, Lorenzo thought he saw in front of them the same brown car in which the assailant of Steven had been a passenger. They followed this car. Lorenzo looked at the passenger in the front seat and told Joseph that it was the same brown car and that the passenger in front was the assailant of Steven.
The brown car stopped and Joseph stopped his vehicle. He drew his gun, announced to the occupants of the brown car that he was a police officer and ordered them out of the car. The car lurched forward and a number of shots were exchanged. Thereafter the Flores' automobile pursued the brown car for quite a distance through various streets. When the brown car was blocked by traffic, defendant left the car, together with a passenger therefrom, and ran away. Joseph Flores pursued. Defendant and the other passenger from his car then ran in different directions. Other police officers were summoned. Officer Leon Armstead came to the scene. He was told by Joseph Flores that two males of Puerto Rican ancestry had fled the scene in different directions. This occurred at or near the intersection of Cornell Avenue and 78th Street in Chicago. In due course, as will later be shown, Officer Armstead arrested the defendant.
Officer David Laughlin testified that he interviewed defendant at the police station. He informed defendant of his constitutional rights. He then asked defendant what had occurred. Defendant responded that he "shot at the dude on 91st Street and I shot at the dude chasing me in the car." Officer Laughlin did not ask the defendant to sign a written statement. The statement by the defendant was recorded in narrative form on Officer Laughlin's police report.
The defense called Nivea Arroyo who had witnessed the scene between defendant and Joseph Flores. She testified that she saw Flores drive his car near the other car and then shoot without provocation. She saw Joseph drive after the other car after it sped from the scene. Other testimony and trial events will be stated as required.
Before considering the contentions of defendant in order, we note that no point is raised on the sufficiency of the testimony to prove defendant guilty of aggravated battery upon Steven Flores. As above shown, the testimony is sufficient to prove defendant guilty of aggravated battery without any reasonable doubt and in an overwhelming fashion.
Defendant made a motion in limine to exclude post-Miranda statements he made to the police concerning his communication with his attorney. The trial court denied this motion.
Officer Roy Martin spoke with defendant in the police station about 9:30 p.m. on July 13, 1974. He testified he advised defendant of his constitutional rights. The officer asked defendant if he understood his rights and defendant responded affirmatively. Officer Martin then testified that defendant told him he had spoken to an attorney who had advised him not to say anything. Martin testified defendant added that on advice of his counsel he refused to discuss the incident. The officer then terminated his interview.
When the State's Attorney referred to this incident during argument to the jury, counsel for defendant objected. The court sustained the objection. When the State's Attorney again mentioned this incident, counsel for defendant objected. The trial court sustained the ...