A Lake County judge denied pre-trial release to a Zion man after prosecutors say he fatally shot a 22-year-old from Gurnee following a service and fistfight outside a Waukegan funeral home.
However, a defense attorney involved in the case argued Juan M. Garcia, 28, was acting in self-defense after a person was using brass knuckles during the fist fight at about 6:45 p.m. Feb. 25.
The Waukegan Fire Department and Waukegan Police Department were called to The Memorial Chapel Funeral Home and Cremation Center, 1521 Washington Street, for a report of a shooting.
Assistant Lake County State’s Attorney Emily Shanley-Roberts previously said police arrived at the scene and learned two males had been shot after a large fight and shooting in the parking lot.
Everyone involved in the incident were extended family members attending the funeral of another family member, Shanley-Roberts said during previous court hearings.
Video surveillance obtained by police the night of the shooting showed Juan Garcia exiting the funeral home and walking to his car.
He got into the driver’s seat 10 minutes before his brother, Julio Garcia, 31, of Waukegan, and their uncle left the funeral home with an unidentified third man.
Shanley-Roberts said the three were walking through the parking lot in the direction of Juan Garcia’s car when three other men, including Jorge Rogel, 22, of Gurnee, left the funeral home and ran after the first group.
Juan Garcia saw the men leave the funeral home and chase after his brother and uncle, Shaley-Roberts said, so he drove his car toward his brother and the uncle.
As Julio Garcia and the uncle approached the car, the second group ran up to them and a physical fist fight broke out, Shanley-Roberts said.
Shanley-Roberts said surveillance video from the scene showed the group was fighting when Juan Garcia exited the driver’s seat of his car and pulled out a gun, Shanley-Roberts said.
Shanley-Roberts said Juan Garcia pointed the gun at the group fighting and they ran off.
Rogel was among those who ran away and Juan Garcia fired two shots from the front of his car before running to the rear of his car and shooting again, Shanley-Roberts said.
The three shots were fired in Rogel’s direction as the man was running away. Rogel was shot in the head and transported to a local hospital in critical condition.
Rogel died at Advocate Condell Medical Center in Libertyville the following day from the gunshot wound to his head, according to Lake County Coroner Jennifer Banek.
The video footage showed a total of four gunmen firing shots during the incident, Lake County Assistant State’s Attorney Colleen McConnell said.
McConnell said Julio Garcia shot a firearm several times. A witness brought the gun to the police and reported that another person involved in the shooting had given it to Julio Garcia.
Juan Garcia told investigators during an interview that his brother, Julio Garcia, shot a gun in self-defense due to the fight but Juan Garcia did not make any mention about firing a gun himself, Shanley-Roberts said.
Julio Garcia, who has a Firearm Owner’s Identification card but no concealed carry license, was taken into custody after voluntarily going to the Waukegan Police Department following the incident.
Julio Garcia was charged with aggravated unlawful possession of a weapon, a Class 4 felony.
Julio Garcia was ordered held pending trial by Lake County Judge Michael Nerheim during a previous court hearing.
Juan Garcia, who appeared in court Thursday for a detention hearing, is facing three counts of first-degree murder for killing Rogel.
During the detention hearing on Thursday, defense attorney Doug Roberts said the group that started the fight in the parking lot punched one of the victims in the head with brass knuckles.
The use of brass knuckles, Roberts said, constitutes charges of mob action and allows the Garcias and the uncle to defend themselves.
“They attacked the two people getting into Juan’s car with brass knuckles,” Roberts said. “That’s mob action and it’s a felony in the state of Illinois. People can respond to mob action – a violent felony – with force.”
Nerheim, however, said no evidence exists thus far showing brass knuckles were ever involved in the fight.
Therefore, Nerheim said, Juan Garcia was considered a danger to the community and should be held without bond until trial.
Garcia is due to return to court on May 22 for a preliminary hearing.
Editor’s Note: While prosecutors said Garcia and Rogel were cousins, the attorney representing Garcia disputed the remark and said the two are not cousins and not related.