A judge has rejected a request to suppress statements at trial made by a Lake Villa man after he was arrested for shooting at police cars, a mail carrier and a house in McHenry.
McHenry County Judge Tiffany Davis on Thursday denied a motion filed earlier this year by attorney Robert T. Ritacca, who is representing Nicholas C. Lopardo, 27, of Lake Villa.
The motion sought to suppress statements made by Lopardo following his arrest in March 2023Â because the man “never made a knowing, intelligent and voluntary waiver of his constitutional right,” Ritacca argued.
The motion said Lopardo was initially given his Miranda Rights following his arrest and told the officer that prior to making any statements he was requesting a lawyer.
Police continued to ask him questions and he continued to request an attorney be present, Ritacca said.
The motion also sought to suppress physical evidence as a result of an “illegal search” of Lopardo and his vehicle, among other pieces to the case.
Prosecutors argued that detectives properly gave Lopardo his Miranda Rights before they interviewed him. The 13-minute interview ended when Lopardo said he was done talking and wanted an attorney, prosecutors said.
Prosecutors said Lopardo later asked to speak with detectives after saying was “recanting” his request for an attorney. Lopardo then spoke with detectives again after they gave him his Miranda Rights, prosecutors said.
After denying the motion, Davis set the next court date in the case for October 25 for a status on subpoena request and December 6 for a final status of trial date hearing.
Lopardo remains held in the McHenry County Jail on charges of attempted first-degree murder, aggravated discharge of a firearm, possession of a stolen vehicle, possession of a stolen firearm, unlawful use of a weapon by a felon, armed violence, reckless discharge of a firearm, theft, attempted residential burglary, burglary, attempted burglary, criminal damage to government-supported property, aggravated fleeing to elude, aggravated driving under the influence and criminal damage to property.
McHenry County Assistant State’s Attorney Hunter Jones said Lopardo attended a party at a residence in the 3000 block of West Charlotte Avenue in McHenry in the early morning hours of March 31, 2023.
Witnesses at the party reported that Lopardo was drinking heavily and saw him possessing a .357 caliber handgun.
Lopardo made a sexual advance upon a woman but she rejected him, Jones said.
Lopardo walked outside to the front yard of the residence and allegedly fired multiple shots before leaving the scene in a black Jaguar sedan.
Police were called to the party and an officer was traveling in the 3400 block of West John Street when they spotted the Jaguar stopped in the westbound lane.
The officer attempted to turn around and Lopardo drove off. A traffic stop was conducted on the vehicle but Lopardo did not stop and fled at a high rate of speed, Jones said.
The officer was ordered to terminate the pursuit and the McHenry County Sheriff’s Office responded a short time later to a call of a black Jaguar abandoned in the 2500 block of Colby Drive in unincorporated McHenry.
Deputies learned that a Chevrolet Tahoe had been stolen from a barn in the area.
It was determined that Lopardo stole the Chevrolet and drove it to a McHenry County Conservation property where he used the vehicle to ram a gate and enter the property, Jones said.
Lopardo allegedly fired at least 10 gunshots, four of which were recovered.
Lopardo later encountered a McHenry Police Department detective, who was traveling southbound on Barreville Road passing State Park Road.
Jones said that Lopardo fired at least one round at the officer’s squad, striking the driver’s side passenger door frame.
A McHenry County sheriff’s squad car was also struck by gunfire, police said.
Lopardo then fired multiple shots at a female mail carrier who was delivering mail near Route 31 and Veterans Parkway, Jones said.
All three vehicles were occupied at the time of the shootings, police said. No injuries were reported.
The stolen Chevrolet was later located in a ditch abandoned.
Multiple 911 calls came in from homeowners reporting that someone was throwing rocks through windows and attempting to break into residences in the neighborhood southwest of Veterans Parkway and Barreville Road.
Police issued a shelter-in-place alert to residents in the neighborhood as a heavy police response, involving the McHenry County Sheriff’s Office and Northern Illinois Police Alarm System, was dispatched to the area to conduct a search.
911 callers also reported hearing shots fired in the neighborhood and one residence was struck by gunfire.
Jones said surveillance videos captured Lopardo walking around the neighborhood trying to break into homes. One video captured Lopardo firing his gun.
One of the 911 callers in the 1700 block of Cashel Lane reported an unknown person was in her basement.
Officers spotted Lopardo running from the home and a foot chase ensued but he was able to get away.
An officer in an unmarked squad car in the area was approached by Lopardo a short time later, Jones said.
Lopardo tapped on the officer’s window and Lopardo fled on foot but officers chased him and arrested him.
Jones said Lopardo was out on bond for manufacturing or delivering cannabis in Lake County at the time of the crime spree.
Lopardo has numerous prior felony convictions, including for aggravated battery with a deadly weapon.
Ritacca previously sought a fitness evaluation for Lopardo after saying his client may not understand the charges against him, exhibited a lack of response when speaking to his attorney and was unable to assist in his own defense.
A fitness evaluation was conducted and the court found Lopardo fit to stand trial. A jury trial is set for January 13.