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People v. Bowman4/20/2005
Following a jury trial, defendant James Bowman was convicted of reckless homicide and aggravated driving under the influence of alcohol. He was sentenced to14 years' imprisonment for reckless homicide and 12 years' imprisonment for aggravated driving under the influence, to run concurrently. Defendant now appeals and argues: (1) the trial court erred in giving a modified jury instruction; (2) the trial court erred in allowing photographs to be published to the jury; (3) he was denied his right to a fair trial; (4) the trial court erred in allowing opinion testimony: (5) the State made improper comments during closing argument; (6) the State failed to correct the false testimony of an eyewitness; and (7) the trial court erred in imposing the maximum extended term sentence. For the following reasons, we affirm the judgment of the trial court.
BACKGROUND
The evidence at trial established that on May 21, 2001, at approximately 1 p.m., Rosario Cruz walked his three-year old grandson, Alexander Esteban, to preschool located in the 1400 block of West Augusta Boulevard. When they arrived at the corner of Augusta Boulevard and Noble Street, the eastbound traffic on Augusta Boulevard had a green light. They waited for the light to change so they could cross Augusta Boulevard. When the light turned red and the walk signal appeared, Rosario and Alexander, walking hand-in-hand, proceeded to cross the street. When they reached the center of the eastbound lane, defendant's white pickup truck went through the red light and knocked Rosario and Alexander to the ground. After running the red light on Augusta Boulevard and hitting Rosario and Alexander, defendant continued to travel eastbound on Augusta Boulevard. An ambulance arrived and transported Rosario to the hospital, where he was treated for three broken ribs and a head laceration. Alexander was taken by ambulance to Children's Memorial Hospital, where he died from multiple injuries.
Martin Hernandez was driving the car directly behind defendant and was approximately 50 feet behind defendant's truck when he saw defendant run the red light. Hernandez saw two bodies lying in the intersection. Hernandez continued to follow defendant eastbound on Augusta beeping his horn in an attempt to get defendant to stop his truck. Defendant did not stop until he reached the intersection of Augusta Boulevard and Milwaukee Avenue where he hit a red Jeep. Hernandez then witnessed defendant back up 10 to15 feet and hit the Jeep again before stopping.
The driver of the Jeep, Jeremiah Flaherty, and Hernandez both got out of their cars and approached the driver's side of defendant's truck. Hernandez yelled at defendant, who did not respond. Hernandez then removed the keys from the ignition of the truck and helped defendant out. Hernandez testified that defendant's eyes appeared "red" and "kind of lazy." Flaherty testified that after defendant exited the truck, he observed defendant walk toward him. As he approached, defendant "said he was sorry." Defendant's speech was "kind of slurred," his "eyes were bloodshot" and he appeared to be "kind of out of it." He further described defendant's gait as "stiff" and slightly "off center." Flaherty did not smell alcohol, but opined that defendant was under the influence.
Officer Owen Vasquez of the Chicago police department arrived on the scene at approximately 1:10 p.m. He observed another officer helping defendant to the sidewalk. Officer Vasquez observed that defendant "was staggering" and "needed support for walking." Officer Vasquez also observed that defendant had "red eyes" and that his face was flushed. Defendant had a strong odor of alcohol on his breath and was unable to retriev
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