Shortly after 5 a.m. on December 16, 2018, 28-year-old Jose Yanez called police to report that someone had tried to break into his home on West 17th Street in Rock Island, Illinois and that he had stabbed the intruder.
Police found 30-year-old Antonio Ortiz lying face down in the front yard. He was not breathing. Paramedics took him to the hospital where he was pronounced dead of a stab wound in the chest.
Yanez told the police there was a video camera in the living room, where the break-in had occurred, which was recording at the time.
Although Yanez said he was acting in self-defense, he was charged with second-degree murder. He also was charged with domestic battery for hitting his girlfriend, 32-year-old Candice Rangel, who was Ortiz's sister.
Yanez went to trial in December 2019 in Rock Island County Circuit Court. He waived a jury trial and agreed that Judge Normal Kauzlarich should hear the evidence and render a verdict.
Rangel testified that she and Yanez had been living together at the home on 17th Street for about five years. She said that on the evening of December 15, 2018, they went out and were drinking in bars until about 4 a.m. She did not remember much of the evening, but said that at some point, she and Yanez had an argument and he struck her in the face with an open hand, giving her a bloody nose.
She said she left to spend the rest of the night at Ortiz's home, which was nearby.
Kaleigh Polley testified that she was a friend of Ortiz's and that she had been with a group of people at a friend's home to watch a boxing match. Yanez, Rangel, Ortiz and others were present. Polley said that afterward they went drinking and that Yanez and Rangel left before she did.
Polley told the jury that she subsequently went to Ortiz's house and found Rangel there. She said that Ortiz noticed bloody paper towels, and when Rangel said that Yanez had struck her, Ortiz left to walk to Yanez's house. Polley said she followed him because she was worried about a possible altercation, and that Ortiz might end up going to jail.
She said that Ortiz went onto the porch and began banging on the front door. However, she and Ortiz left and returned home when Yanez's mother drove up. She came in response to a text message from Yanez.
Ten minutes later, Ortiz was still angry. He left a second time. Polley said she followed, but lost sight of him. When she arrived at Yanez's home, she found Ortiz lying on the yard.
Yanez's 14-year-old nephew, Julian, testified that he was staying with Yanez and Rangel that night. He testified that he woke up to the sound of Rangel and Yanez arguing and then heard Rangel leave. Julian said that Yanez told her, "You are not coming back," and then sat at the kitchen table.
Julian said he later heard pounding at the door. At the time, Julian was lying on an air mattress near the front door. He said Yanez yelled at the person to go home. When the pounding began a second time, only much harder, Julian said he told Yanez to call the police. But Yanez said, "No, he probably - he won't get in here. Everything will get cooled down. He'll probably just cool off."
Julian said the person banging on the door said, "I'm going to fuck you up." He said that at that point, he recognized the voice as Ortiz.
About 10 or 20 minutes later, Julian said the knocking began again, even harder than before, and the glass pane in the door shattered. Julian said he crawled off the air mattress toward the table where Yanez was sitting. Julian said Yanez told him to call the police, but he was unable to do so.
During cross-examination, Julian said that during the initial knocking, Yanez said it was Ortiz and to "just let him knock, he's going to go home."
Julian said he was scared, and that after the second round of knocking, Yanez looked scared. Yanez, according to Julian, said there were knives in the house, and that if Ortiz, who was over six feet tall and weighed 280 pounds, got Yanez, who was 5 feet 7 inches tall, on the floor, Julian might need to help fight Ortiz off.
Julian said that he was too nervous and scared to make the call to the police despite Yanez's request for him to do so.
Julian said that when the glass in the door broke, he believed Ortiz was going to come through it and "do bad things to us." He said that at that point, Yanez went toward the door and stabbed Ortiz. Yanez then retreated and called the police, Julian said.
A detective testified that when he asked Yanez why he did not call the police sooner, Yanez said that he "didn't think that the police would be able to do much; maybe have [Ortiz] in jail overnight, but he would still have to deal with it and he didn't want to be labeled as a snitch."
The video taken by the home surveillance system showed Yanez asking Julian to call police, Ortiz breaking the glass in the door and attempting to force the door open while demanding to know whether Yanez had hit Rangel, and Yanez approaching the door and stabbing Ortiz once. The video also showed Yanez calling 911 to report that he had stabbed a crazy person who tried to break into his house.
The defense called the detective who had interviewed Yanez at the time. The detective said that Yanez told him that he and Ortiz had clashed once before about Yanez having put his hands on Rangel. Yanez said that in that previous incident, there had been some shoving, but that he and Ortiz had made up a day later.
Yanez argued that he was acting in self-defense and in defense of his home.
On January 3, 2020, Judge Kauzlarich convicted Yanez of second-degree murder and domestic battery. The judge said she had heard no testimony that Ortiz had an "aggressive or violent character." She said that Yanez had been "lying in wait" for Ortiz.
In a letter addressed to the trial court at sentencing, Yanez laid out in detail his own knowledge of Ortiz's history of dealing drugs, domestic battery, stalking, and even a threat Ortiz made against Yanez's life four years earlier.
Judge Kauzlarich noted that none of that information was presented during the trial. She sentenced Yanez to 15 years in prison.
Yanez contended on appeal that he had acted reasonably and with justification in defense of himself, his 14-year-old nephew, and his home. He also argued that his trial defense lawyer had provided an inadequate legal defense assistance by failing to present evidence of Ortiz's criminal background.
On May 13, 2022, the Third District Illinois Appellate Court vacated Yanez's second-degree murder conviction based on insufficient evidence. Yanez had not appealed the domestic battery conviction.
The appellate court said that Yanez's assertion that he was acting in defense of his home was valid. The court said, "[T]here is grave doubt as to Yanez's guilt....no rational trier of fact could have found beyond a reasonable doubt that Yanez did not act reasonably in defense of himself and Julian. It is undisputed that Ortiz attempted to enter Yanez's home in a violent, riotous, or tumultuous manner."
The appellate court said the evidence showed that Yanez "reasonably believed that deadly force was necessary to prevent Ortiz from entering the home and assaulting Yanez and Julian."
The appellate court said the trial court's comparison of the situation to "bullies in school" was "contradicted by the record. It is difficult to see how Yanez 'had all kinds of time' when an intoxicated, enraged, large man who had just threatened to assault Yanez had broken the glass door to Yanez's home and reached in...in an attempt to enter the home."
The court ruled that the evidence was "legally insufficient to convict Yanez," and ordered the case dismissed. The court did not address Yanez's argument that his trial defense lawyer had provided an inadequate legal defense.
On June 9, 2022, Yanez was released from prison.
In January 2024, Yanez's attorney, Stephen Richards, filed a petition seeking a certificate of innocence. On September 11, 2024, Rock Island County Circuit Court Judge Peter Judge granted the petition. Yanez then filed a claim with the Illinois Court of Claims seeking compensation for his wrongful conviction.
- Maurice Possley
Police found 30-year-old Antonio Ortiz lying face down in the front yard. He was not breathing. Paramedics took him to the hospital where he was pronounced dead of a stab wound in the chest.
Yanez told the police there was a video camera in the living room, where the break-in had occurred, which was recording at the time.
Although Yanez said he was acting in self-defense, he was charged with second-degree murder. He also was charged with domestic battery for hitting his girlfriend, 32-year-old Candice Rangel, who was Ortiz's sister.
Yanez went to trial in December 2019 in Rock Island County Circuit Court. He waived a jury trial and agreed that Judge Normal Kauzlarich should hear the evidence and render a verdict.
Rangel testified that she and Yanez had been living together at the home on 17th Street for about five years. She said that on the evening of December 15, 2018, they went out and were drinking in bars until about 4 a.m. She did not remember much of the evening, but said that at some point, she and Yanez had an argument and he struck her in the face with an open hand, giving her a bloody nose.
She said she left to spend the rest of the night at Ortiz's home, which was nearby.
Kaleigh Polley testified that she was a friend of Ortiz's and that she had been with a group of people at a friend's home to watch a boxing match. Yanez, Rangel, Ortiz and others were present. Polley said that afterward they went drinking and that Yanez and Rangel left before she did.
Polley told the jury that she subsequently went to Ortiz's house and found Rangel there. She said that Ortiz noticed bloody paper towels, and when Rangel said that Yanez had struck her, Ortiz left to walk to Yanez's house. Polley said she followed him because she was worried about a possible altercation, and that Ortiz might end up going to jail.
She said that Ortiz went onto the porch and began banging on the front door. However, she and Ortiz left and returned home when Yanez's mother drove up. She came in response to a text message from Yanez.
Ten minutes later, Ortiz was still angry. He left a second time. Polley said she followed, but lost sight of him. When she arrived at Yanez's home, she found Ortiz lying on the yard.
Yanez's 14-year-old nephew, Julian, testified that he was staying with Yanez and Rangel that night. He testified that he woke up to the sound of Rangel and Yanez arguing and then heard Rangel leave. Julian said that Yanez told her, "You are not coming back," and then sat at the kitchen table.
Julian said he later heard pounding at the door. At the time, Julian was lying on an air mattress near the front door. He said Yanez yelled at the person to go home. When the pounding began a second time, only much harder, Julian said he told Yanez to call the police. But Yanez said, "No, he probably - he won't get in here. Everything will get cooled down. He'll probably just cool off."
Julian said the person banging on the door said, "I'm going to fuck you up." He said that at that point, he recognized the voice as Ortiz.
About 10 or 20 minutes later, Julian said the knocking began again, even harder than before, and the glass pane in the door shattered. Julian said he crawled off the air mattress toward the table where Yanez was sitting. Julian said Yanez told him to call the police, but he was unable to do so.
During cross-examination, Julian said that during the initial knocking, Yanez said it was Ortiz and to "just let him knock, he's going to go home."
Julian said he was scared, and that after the second round of knocking, Yanez looked scared. Yanez, according to Julian, said there were knives in the house, and that if Ortiz, who was over six feet tall and weighed 280 pounds, got Yanez, who was 5 feet 7 inches tall, on the floor, Julian might need to help fight Ortiz off.
Julian said that he was too nervous and scared to make the call to the police despite Yanez's request for him to do so.
Julian said that when the glass in the door broke, he believed Ortiz was going to come through it and "do bad things to us." He said that at that point, Yanez went toward the door and stabbed Ortiz. Yanez then retreated and called the police, Julian said.
A detective testified that when he asked Yanez why he did not call the police sooner, Yanez said that he "didn't think that the police would be able to do much; maybe have [Ortiz] in jail overnight, but he would still have to deal with it and he didn't want to be labeled as a snitch."
The video taken by the home surveillance system showed Yanez asking Julian to call police, Ortiz breaking the glass in the door and attempting to force the door open while demanding to know whether Yanez had hit Rangel, and Yanez approaching the door and stabbing Ortiz once. The video also showed Yanez calling 911 to report that he had stabbed a crazy person who tried to break into his house.
The defense called the detective who had interviewed Yanez at the time. The detective said that Yanez told him that he and Ortiz had clashed once before about Yanez having put his hands on Rangel. Yanez said that in that previous incident, there had been some shoving, but that he and Ortiz had made up a day later.
Yanez argued that he was acting in self-defense and in defense of his home.
On January 3, 2020, Judge Kauzlarich convicted Yanez of second-degree murder and domestic battery. The judge said she had heard no testimony that Ortiz had an "aggressive or violent character." She said that Yanez had been "lying in wait" for Ortiz.
In a letter addressed to the trial court at sentencing, Yanez laid out in detail his own knowledge of Ortiz's history of dealing drugs, domestic battery, stalking, and even a threat Ortiz made against Yanez's life four years earlier.
Judge Kauzlarich noted that none of that information was presented during the trial. She sentenced Yanez to 15 years in prison.
Yanez contended on appeal that he had acted reasonably and with justification in defense of himself, his 14-year-old nephew, and his home. He also argued that his trial defense lawyer had provided an inadequate legal defense assistance by failing to present evidence of Ortiz's criminal background.
On May 13, 2022, the Third District Illinois Appellate Court vacated Yanez's second-degree murder conviction based on insufficient evidence. Yanez had not appealed the domestic battery conviction.
The appellate court said that Yanez's assertion that he was acting in defense of his home was valid. The court said, "[T]here is grave doubt as to Yanez's guilt....no rational trier of fact could have found beyond a reasonable doubt that Yanez did not act reasonably in defense of himself and Julian. It is undisputed that Ortiz attempted to enter Yanez's home in a violent, riotous, or tumultuous manner."
The appellate court said the evidence showed that Yanez "reasonably believed that deadly force was necessary to prevent Ortiz from entering the home and assaulting Yanez and Julian."
The appellate court said the trial court's comparison of the situation to "bullies in school" was "contradicted by the record. It is difficult to see how Yanez 'had all kinds of time' when an intoxicated, enraged, large man who had just threatened to assault Yanez had broken the glass door to Yanez's home and reached in...in an attempt to enter the home."
The court ruled that the evidence was "legally insufficient to convict Yanez," and ordered the case dismissed. The court did not address Yanez's argument that his trial defense lawyer had provided an inadequate legal defense.
On June 9, 2022, Yanez was released from prison.
In January 2024, Yanez's attorney, Stephen Richards, filed a petition seeking a certificate of innocence. On September 11, 2024, Rock Island County Circuit Court Judge Peter Judge granted the petition. Yanez then filed a claim with the Illinois Court of Claims seeking compensation for his wrongful conviction.
- Maurice Possley
Posting Date: 12-05-2024
Last Update Date: 12-05-2024
Case Details:
State:
Illinois
County:
Rock Island
Most Serious Crime:
Murder
Reported Crime Date:
2018
Convicted:
2020
Exonerated:
2024
Sentence:
Term of Years
Race / Ethnicity:
Hispanic
Sex:
Male
Age at the date of reported crime:
28
Contributing Factors:
Inadequate Legal Defense
Did DNA evidence contribute to the exoneration?:
No