Following a bench trial, defendant Saber Daheya was convicted of four counts of aggravated discharge of a firearm and sentenced to seven years in the Illinois Department of Corrections.
720 ILCS 5/24-1.2(a)(2) (West 2008). At trial, three eyewitnesses, Jermaine Fox, Fox's girlfriend Amanda Padilla, and Ndeyiah Corneh, testified that, on June 14, 2011, they were traveling in a minivan near Jensen Park in Chicago when they observed defendant running toward their vehicle aiming a handgun and heard four shots being fired. Fox and Padilla testified that defendant was a member of the Conservative Vice Lords street gang, which was a hostile rival to the gang that Fox was associated with, the Simon City Royals.
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Fox and Padilla also testified that Christian Ramos and Zay Russell were with defendant at the time of the shooting; however, Ramos testified that he was in school that evening and the parties stipulated that Russell was not present because he was incarcerated. Responding police officer John Geisbush testified that he recovered four bullet shell casings at the scene of the crime, though he did not discover any property damage to nearby residences or vehicles.
A fourth eyewitness, Jessica Palmer, signed a handwritten statement for the police that stated that she observed defendant running toward the vehicle holding his waistband moments before she heard gunshots, but she recanted her statement at trial, claiming that she did not observe defendant and that the police forced her to sign the statement. Assistant State's Attorney (ASA) Bob Groebner testified that Palmer provided her signed statement voluntarily and without coercion.
On this direct appeal, defendant claimed that the State failed to prove him guilty beyond a reasonable doubt because there is no physical evidence that links defendant to the crime, and that Fox and Padilla are biased witnesses since they are affiliated with a street gang that is a rival with defendant's gang. Defendant also pointed to inconsistencies in Fox's and Padilla's testimony to argue that they are not credible, such as the misidentification of Ramos and Russell at the scene of the crime. Defendant also argued that Corneh's testimony alone is not sufficient to affirm the conviction because she testified that she did not actually observe defendant fire the handgun.
Prior to trial, defendant was charged with four counts of aggravated discharge of a firearm and three counts of attempted murder. The State argued in its opening statement at trial that defendant fired a handgun at Padilla and Fox's vehicle because they were affiliated with a rival gang. The State called seven witnesses, including four eyewitnesses, two police officers, and the assistant State's Attorney who obtained the handwritten statement from Palmer. The defense called Christian Ramos, who testified that he was in school during the shooting, and Detective Thomas Kolman, who testified that he canvassed the area near the crime scene the day after the shooting and did not find any property damage or additional witnesses. Defendant exercised his constitutional right not to testify.
Amanda Padilla testified that she is 18 years old and that Jermaine Fox is her boyfriend. On the evening of June 14, 2011, Fox was driving a motor vehicle to pick up her friend, Ndeyiah Corneh, at Jensen Park in Chicago, and Padilla was sitting in the front passenger side of the vehicle. Fox was driving his grandfather's minivan southbound on North Lawndale Avenue, which is a single-lane, one-way street with vehicles parked on each side of the street. Jensen Park is located on the west side of Lawndale Avenue, between Leland Avenue on the north and Wilson Avenue on the south.
As the vehicle stopped at the stop sign at the intersection of Lawndale and Wilson Avenues, Padilla observed defendant run toward them, while the rest of the group stayed behind and watched. Defendant stopped at the corner, removed a black handgun from under his shirt, and pointed it at the vehicle. Padilla asked Fox to drive away, saying, "Go. He has a gun," but Fox had to wait for a jogger that was crossing the intersection on the other side of Wilson Avenue. Defendant then adjusted the handgun as Fox drove through the intersection. From a distance "[a]bout a car's length away," defendant fired four shots at the vehicle. Padilla had an unobstructed view of defendant, and it was still daylight.
After defendant fired at the vehicle, people in the park, including defendant, ran in various directions. Fox continued to drive south on Lawndale Avenue from the intersection as Padilla called the police on her cellular telephone. Fox then returned to the park, and several police officers arrived. Padilla exited the vehicle and told the officers what she observed. She identified defendant as the shooter, and she voluntarily looked up his last name by logging on to Facebook on her cellular telephone.
Jermaine Fox, Ndeyiah Corneha and Jessica Palmer testified, giving their versions of the evecnts of the shooting and surrouding events.
Police Officers John Geisbush, Matthew Rogus provided an official account of the shooting.
Christian Ramos, a high school friend of Defendant also testified.
ASA Bob Groebner provided the Attorney General view of the case.
Detective Thomas Kolman was the second witness fot the Defense.
The trial court held a sentencing hearing, and after hearing factors in aggravation and mitigation, it sentenced defendant to seven years in the Illinois Department of Corrections, with 400 days credit for time served, 2 years' mandatory supervised release, and $714 in mandatory fines, fees, and costs. Defendant appeals his conviction and sentence.
In the case at bar, the State proved defendant guilty of aggravated discharge of a firearm beyond a reasonable doubt, where Padilla, Fox, and Corneh all testified that defendant stood at the intersection of Lawndale and Wilson Avenues, aimed a handgun at their vehicle, and fired four shots. Fox in particular stated that he observed the handgun discharge when defendant fired the second and third shots, and that defendant was aiming at their vehicle as he fired his gun. The lighting at the intersection was sufficient, where there was still daylight, the vehicle's windows were rolled down, and there was nothing obstructing the witnesses' view of defendant. All three eyewitnesses were able to identify defendant since they knew him personally before the shooting. Their testimony was also corroborated by physical evidence, since Officer Geisbush testified that he recovered four shell casings lying in the northwest corner of the intersection, and the parties stipulated that forensic scientist Stevens tested the shell casings and found that they were fired from the same handgun. The trial court assessed the credibility and demeanor of the witnesses and found that the three eyewitnesses were credible.
Ross, 229 Ill. 2d at 272.
To sustain a conviction, the evidence must show that defendant knowingly or intentionally fired the gun in the direction of another person or in the direction of an occupied vehicle (720 ILCS 5/24-1.2(a)(2) (West 2008)), (IBID) and the State need not prove that the bullets actually struck the vehicle or that the bullets struck near a window of the vehicle.
Ellis, 401 Ill. App. 3d at 731. Poor marksmanship is not an affirmative defense, and it is a question of fact for the fact finder to determine whether defendant lacked the intent to shoot the vehicle or whether he was simply unskilled with his weapon and missed his targets.
For the foregoing reasons, the Court affirmed defendant's conviction and sentence.
