Defense seeks to suppress video of shooting of Zion man
By Jim Newton email@example.com September 3, 2013 2:22PM
Jose M. Garcia
Updated: October 5, 2013 6:19AM
The defense attorney for a Mundelein man charged with the shooting death of 19-year-old Gabriel Gonzales of Zion outside a Round Lake Beach convenience store is seeking to suppress a videotape that shows the shooting.
Assistant State’s Attorney Reginald Mathews has said the videotape, obtained from the convenience store, shows that Jose Garcia, 18, fatally shot Gonzales on March 10 in the parking lot of the One Stop Food and Liquor Store in the 1000 block of Fairfield Road in Round Lake Beach.
Garcia’s attorney, James Schwarzbach, previously said he believed the tape will exonerate Garcia, but on Tuesday, Sept. 3, filed a motion to suppress the videotape, claiming that he believes it is missing key frames and may have been inadvertently altered during the course of the police investigation.
Schwarzbach said Monday he still believes the “complete” tape, if shown at trial, would clear his client.
Judge Daniel Shanes set a hearing date of Oct. 8 to hear that motion, as well as previously filed motions by Schwarzbach to suppress Garcia’s taped confession and to separate Garcia’s trial from that of a co-defendant in the case, Jose Rebollar-Vergara, 24, of Round Lake Park.
Garcia and Rebollar-Vergara are both charged with first-degree murder in the shooting of Gonzales.
According to police and prosecutors, Gonzales walked into the store and Rebollar-Vergara mistook Gonzales as being a gang member and told him to fix his hat because it was “tilted wrong.”
Garcia, Rebollar-Vergara, and an unidentified third person then followed Gonzales out of the store and into the parking lot. Rebollar-Vergara flashed gang signs at Gonzales and Garcia fired a .22-caliber handgun 10 times at Gonzales, killing him, according to prosecutors.
A trial date of Oct 28 has been scheduled.