Authorities have identified a North Chicago man, who was an unintended target, that was shot and killed by a masked gunman in Waukegan last week.
The shooting happened around 6:15 p.m. Thursday in the 1400 block of Lorraine Place in Waukegan.
Officers arrived to find two victims with gunshot wounds in the yard of a single-family residence, according to Waukegan Deputy Police Chief Joe Florip.
One of the victims, a Waukegan man in his 40s, was shot in the head.
He was transported to a local hospital where he underwent surgery and is in serious condition, Florip said.
The second victim, a man in his 30s, was shot in the back and also transported to a local hospital, Florip said. He was later pronounced dead at the hospital.
Lake County Coroner Jennifer Banek said on Wednesday that an autopsy showed Martin Reyes Cervantes, 30, of North Chicago, died from a gunshot wound to the chest.
The Waukegan Police Department Criminal Investigations Division (CID) and Major Crime Scene Unit (MCSU) were both called to the scene.
Juan C. Garibay, 42, of Beach Park, was charged with one count of first-degree murder and one count of attempted murder.
Police learned that Cervantes and the other victim were outside of the residence when a masked gunman, who police said was identified as Garibay, arrived and opened fire on them.
Garibay fled on foot to an unknown vehicle and left the scene. Florip said that witnesses assisted in identifying the suspect.
Lake County Assistant State’s Attorney Jason Humke said during a bond court hearing Saturday that police also obtained Garibay’s cell phone and were able to put him within the vicinity of the crime.
Police learned that the shooting stemmed from a physical fight earlier in the week that occurred due to some type of disagreement between Garibay and the victim that survived the shooting.
Florip said that Cervantes was not involved in the feud and was not the intended target. Officers located multiple 9mm casings at the scene.
Garibay surrendered to the Waukegan Police Department around 10 p.m. Thursday.
During the Saturday bond hearing, Humke asked Lake County Judge Michael Betar to hold Garibay without bond.
“Both victims were at the garage of the residence working on a vehicle when Garibay approached and opened fire on them,” Humke said.
“The state believes he [Garibay] is a clear and present danger to the community,” Humke said.
Betar granted the Lake County State’s Attorney’s Office request and ordered Garibay held in the Lake County Jail without bond.
Lake County State’s Attorney Eric Rinehart expressed sympathy for the families of the victims. “We are praying for the families of both victims and for the full recovery of the injured victim. The State’s Attorney’s Office will dedicate as many ASAs as needed to secure a just outcome in this case.”
Garibay was on parole with the Illinois Department of Corrections at the time of his arrest for the Waukegan shooting.
Records show he was on parole for driving on a revoked or suspended license, an offense for which he has served prison time on four separate occasions.
In 2004, Garibay was sentenced to 15 years in prison, served at 50%, on a second-degree murder charge.
A preliminary hearing is scheduled for September 14.