Murder

November 13, 2019

Another Murder Conviction Overturned Based on Dirty Detective Work

by Law Offices of David L. Freidberg, P.C.

A 1991 case involving Reynaldo Guevera has been overturned amid allegations of misconduct. Indeed, there are attorneys right now who only handle cases related to disgraced Chicago detectives and their shoddy and criminal police work.

Most recently, Demetrius Johnson will be allowed to move forward with a new trial after an appellate judge granted his request. Yet this time, Cook County prosecutors will move forward with retrying the case as opposed to dropping the charges against Johnson.

The defendant’s criminal defense attorney express confusion over the decision to press forward with the trial. Not only is it a major cost to the taxpayers, but it also depletes the resources of the prosecutor’s office. Any evidence that was presented by Guevera will be considered tainted. This will require the prosecution to present evidence at trial that is either not linked to Guevera or is linked to Guevera, but the defense will have the opportunity to attack the credibility of that evidence.

October 30, 2019

Chicago Cop Accused of Fatal Shooting

by Law Offices of David L. Freidberg, P.C.

Lowell Houser calmly called the police, identified himself as an off-duty Chicago police officer, and told the dispatcher that he had to shoot the man who just came after him. The man was Jose Nieves, a neighbor who was not found with a weapon, and the two were known to have issues with one another in the past. When prosecutors caught wind of that, they charged Houser with first-degree murder.

Now, another disgraced Chicago police officer will stand trial for abusing the public trust and tarnishing the badge. If convicted, Houser could face life in prison without parole.

Houser will claim that he was acting in self-defense and that the shooting was justified. He claims that Nieves threatened to shoot him and reached for his waistband.

October 25, 2019

11-Year-Old Girl Murdered by Stray Bullet

by Law Offices of David L. Freidberg, P.C.

In 2014, Shamiya Adams went over to her friend’s house for a sleepover on Chicago’s West Side. It was a completely random event. Calculating the odds that something like this could happen would drive a person insane. No doubt her family is wondering how or why such a tragedy could happen.

The shot missed its intended targets and left no trace that it had struck the building where the 11-year-old was. It made its way through an open window that was up a few inches just to let the air in. It then proceeded to travel through a closet wall, went into the bedroom where Shamiya was, and struck her in the head.

Now, a 24-year-old, Tevin Lee, has been charged with her murder. He is the one who police say fired the bullet that entered the skull of Shamiya Adams.

October 18, 2019

Illinois Man Kills Five People After Facing Eviction

by Law Offices of David L. Freidberg, P.C.

Krysztof Marek entered a neighboring apartment and killed four people who were gathered around the table for dinner. Then he went upstairs into another apartment and executed a fifth. Why? According to police, the man was being evicted from his Chicago condo. Marek left behind a note in his native Polish: “Tomorrow!! No Mercy! Enough!! They have to pay for it!!”

After executing the five people, Marek went back to his own apartment and greeted officers as they came to his door. He told them that he thought they were looking for him and then he confessed to the murders.

Investigators later found multiple grievances against his neighbors although it was not clear specifically which neighbors had incited Marek’s anger. Marek had accused one neighbor of walking too loudly on the floor above his apartment. He left behind a series of unhinged messages that seem to be gearing himself up for the attack.

October 9, 2019

9-Year-Old Charged With Five Counts of First-Degree Murder

by Law Offices of David L. Freidberg, P.C.

A 9-year-old stands accused of starting a fire that killed five people, including three other children. He has been charged with five counts of first-degree murder, two counts of arson, and one count of aggravated arson. Cases like this are rare. The youngest child ever to be sentenced to life in prison was Lionel Tate, when he was 13. This child, whose name has been withheld by authorities will be among the youngest ever to stand trial for murder.

More confusing still is that fact that the majority of children who were tried as adults did not commit some other crime that resulted in a death, but murdered someone else with a direct weapon. This child is accused of starting a fire that led to five deaths.

Prosecutors say that they have enough evidence to prove that the child started the fire intentionally and knew that the fire could result in the deaths or injury of other people. However, child psychologists argue that the 9-year-old brain has not fully developed enough to understand the consequences of those actions.

September 25, 2019

Defense Presses for Mistrial in the Tyshawn Lee Murder Trial

by Law Offices of David L. Freidberg, P.C.

One of the most carefully watched criminal trials in recent memory hit a snag when defense attorneys claimed that the prosecution withheld evidence in the Tyshawn Lee murder trial. Two men are charged with murdering the 9-year-old boy in a gang-related killing. The two are accused of targeting the boy because they believed his father had been involved in an attack targeting one of the defendant’s family members.

What Did the Prosecution do?

Essentially, the prosecution failed to provide evidence that police had stopped two young men that fled the scene of a music video being shot. The gun that killed Tyshawn Lee was later recovered from that incident. During the trial, police suddenly remembered that they had made this stop and informed prosecutors. Prosecutors handed this information over to the defense while the trial was underway, and the defense was rightfully upset to be learning about it well into the trial.

September 13, 2019

Man Stabs Brother, Apologizes, Stabs Brother-in-Law

by Law Offices of David L. Freidberg, P.C.

Oscar Ocampo was recently released from prison. Odds are, he will be headed right back after he stabbed his own brother, apologized to him, and then went upstairs and stabbed his brother-in-law. His brother-in-law died as a result of the stabbing.

According to his brother, Ocampo was upset that his wife had been disrespected. The brother attempted to calm him down, but Ocampo was inconsolable. Ocampo proceeded to stab his brother, apologized, and went upstairs and killed his brother-in-law. He has been charged with first-degree murder and attempted first-degree murder.

Is Ocampo Being Overcharged?

August 30, 2019

Homeless Man Allowed to Represent Self in Murder of Off-Duty Cop

by Law Offices of David L. Freidberg, P.C.

Judges have broad discretion when it comes to allowing defendants to represent themselves. In a recent case, a judge denied a pro se petition by Dwight Doty to represent himself in the slaying of a 9-year-old boy whose father was a member of a rival gang. But another recent case outlines the perils of getting what you wish for.

Jovan Battle, a homeless man who was accused of murdering an off-duty police officer was convicted after a jury determined he was culpable for the death of an officer and the wounding of his friend. While the case would have likely resulted in a conviction of some kind, it did not have to result in a first-degree murder conviction and several armed battery counts for which Battle will spend the rest of his life in prison. In fact, Battle never pulled the trigger or opened fire on anyone.

According to prosecutors, Battle mistook the police officer for some another person with whom he had had a fight earlier that night. He directed one of the two other men he was with that night to their car and that man opened fire, killing the officers and injuring his friend. Of course, none of that should have been disclosed to police during the interrogation, and yet all of it was, so it formed the basis of their first-degree murder charge against Battle.

August 28, 2019

Man Accused of Killing 9-Year-Old Denied Right to Represent Himself

by Law Offices of David L. Freidberg, P.C.

25-year-old Dwight Doty told a Chicago judge that since the trial involved him and he knew what was going on better than anyone else, he should be allowed to represent himself at trial. The judge denied his request. Doty is accused of killing a 9-year-old boy execution-style.

The judge told Doty that he believed his pro se defense motion was just a bid for delay. When a defendant petitions the court to represent themselves, the judge must sign off on the motion before allowing it to proceed. Famous individuals who represented themselves unsuccessfully include Colin Ferguson and Ted Bundy. In both cases, you had defendants with enough presumed intelligence to carry on the task of questioning witnesses. Both proved to be monumental disasters, however.

A judge in a criminal trial has a vested interest in ensuring that the proceedings are carried out fairly. In this case, the judge grilled Doty on his education and asked him why he thought he was qualified to try a case against two skilled defendants. Doty did not seem to have a good answer to that question, but was that good enough for the judge to deny his motion?

August 23, 2019

Mother and Daughter Charged in Grisly Slaying

by Law Offices of David L. Freidberg, P.C.

It is the kind of crime that you see documentaries about on TV: A mother and daughter duo are charged with two counts of first-degree murder after police say that they killed an expectant mother and cut the baby from her womb. They have been charged with both the murder of the mother and the baby that she carried.

According to police, the women cut the baby from the mother’s womb and then delivered it to the hospital. Clarisa Figueroa, a former certified nursing assistant, passed the baby off as her own.

Police contend that the two plotted for weeks to steal Marlen Ochoa’s baby. They further contend that the Figueroas met Ochoa in a Facebook group called Help a Mother Out. The Figueroas offered to help Ochoa purchase new clothes for her baby. Police claimed that this lured her to their home where they proceeded to murder her and take her baby. The elder Figueroa, who had her tubes tied prior, claimed that she was also pregnant, going so far as to post pictures of the ultrasound.