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12/14/88 the People of the State of v. Gustavo Bujdud

December 14, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

GUSTAVO BUJDUD, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION

532 N.E.2d 370, 177 Ill. App. 3d 396, 126 Ill. Dec. 685 1988.IL.1790

Appeal from the Circuit Court of Cook County; the Hon. William Prendergast, Judge, presiding.

APPELLATE Judges:

JUSTICE McNAMARA delivered the opinion of the court. WHITE, P.J., and RIZZI, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCNAMARA

Following a jury trial, defendant, Gustavo Bujdud, was convicted of murder and was sentenced to a term of 32 years. Defendant appeals, contending the following: the police lacked sufficient facts to warrant the investigatory stop of defendant and the stop was, in fact, a warrantless arrest; the search of defendant's vehicle was improper and all evidence flowing from that search should be suppressed; the admission into evidence of a photograph of defendant was prejudicial; the State failed to produce during discovery the contents of an oral statement made by defendant; and the prosecutor made improper comments in rebuttal argument. Co-defendant Louis Rainone, who was also convicted of murder, filed a separate appeal. In my opinion filed October 19, 1988, this court affirmed that conviction. People v. Rainone (1988), 176 Ill. App. 3d 35.

On June 8, 1984, at approximately 10 p.m., Michelle Angelilli was walking to 21st Street and Cicero when she saw two men in a black car driving down 19th Street. Before she reached her destination, she saw the car twice more. At 21st Street and Cicero, Angelilli met her boyfriend, Roman Rys. She was talking to Rys when she saw defendant and Rainone, each carrying a weapon, approach them. She observed defendant point his weapon at a bystander, John Odle, and order Odle to move. Defendant and Rainone then moved closer to Angelilli and Rys, aimed their weapons at Rys, and shot him. Defendant and Rainone ran down 21st Street toward 48th Court. Shortly afterwards, defendant was stopped by Officer Markas of the Cicero police department for speeding.

Markas testified that at approximately 10:30 p.m., he heard a police broadcast that a shooting had occurred at 21st Place and Cicero. Markas was 2 1/2 blocks away from that location. Immediately following the broadcast, he observed a small black car driving westbound on 21st Place from 50th Avenue, the vicinity of the shooting. The speed with which the car emerged from the intersection led him to believe the car could not have stopped for the stop sign located at the corner of 21st Place and 50th Avenue. Markas followed the car, which he Judged was exceeding the speed limit by at least 10 miles per hour. He stopped the vehicle, radioed in the license plate number, and asked if the vehicle was known to be involved in the shooting. Officers Foster and Lief of the Gang Crimes Unit heard his broadcast and proceeded to the traffic stop.

At the scene of the traffic stop, defendant emerged from the car and approached Markas. Rainone, the passenger, remained in the car. Markas drew his gun and held it at his side for safety.

Officers Lief and Foster parked their patrol car diagonally in front of defendant's car. The officers then heard a radio broadcast indicating that two white males carrying shotguns had been seen running from the scene of the shooting. The broadcast also identified the victim as Roman Rys. Lief and Foster recognized Rys' name and knew him to be a member of a gang known as the "Two Two Boys." The officers recognized defendant and knew him to be a member of a rival gang, the "Twelfth Street Players." As the officers exited their vehicle, they drew their guns but held them down at their sides.

Defendant and Rainone were questioned by the officers. Lief testified that defendant generally appeared nervous during questioning and that he gave evasive answers. Lief patted down both defendant and Rainone but found no weapons. Foster searched the interior of the car but found no weapons. Foster then asked defendant if he could look in the trunk. Defendant shrugged and said yes. When the trunk was opened, Foster discovered a double-barreled shotgun and a rifle. Defendant and Rainone indicated they had no knowledge of the weapons. They were taken to the police station, as was defendant's vehicle. No traffic ticket was issued.

At the police station, officers obtained a signed consent to search the vehicle from defendant's mother, the owner of the vehicle. The weapons in the trunk of the car then were removed. Later that evening, a lineup was conducted. Two witnesses identified defendant as one of the men who shot the victim.

An assistant State's Attorney interviewed defendant at the police station. During the interview, defendant made certain statements which amounted to a confession of his involvement in the shooting. He admitted to the activities leading to the death of the victim and to improper driving immediately after the shooting.

In a pretrial motion, defendant moved to quash the arrest and to suppress evidence, to suppress the identification, and to suppress the statement made to the assistant State's Attorney. The trial court denied all motions. The court found that the arrest was proper and the evidence lawfully obtained, and that defendant failed to show suggestiveness or impropriety in the lineup. The trial court further found that defendant had been advised of his Miranda rights before giving any statement; that he had not been mistreated or ...


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