July 22--A West Rogers Park man killed a fellow gang member when they both fired on a group of unarmed men in an Albany Park alley just before Memorial Day, prosecutors said.
Edgar Martinez, 20, faces charges of murder, aggravated assault and unlawful use of a weapon in the death of Daniel Rivera, 27. Judge Peggy Chiampas ordered him held without bail in a Monday court appearance.
Martinez is accused of killing Rivera in the 4700 block of North Albany Avenue on May 27. Rivera, of the 7200 block of North Damen Avenue, died at the scene.
Martinez and Rivera, both members of the Latin Kings gang, were picked up by Rivera's cousin and driven to Albany Park, and Rivera told the driver to pull into an alley near 4700 North Troy, said Cook County state's attorney's spokeswoman Tandra Simonton.
Those in the car saw a group of unarmed men or boys walking into the alley, and Martinez and Rivera got out and started shooting at them, prosecutors said.
Martinez stood behind Rivera while they were shooting, and Rivera was shot in the back, prosecutors said. Rivera collapsed, and Martinez stooped over him and retrieved something, prosecutors said.
Martinez got into the car and the cousin drove out of the alley in reverse, then drove off. As he drove away, the driver heard a clinking sound, as if someone had dropped a metal object, prosecutors said.
Police were called to the area, and found Rivera, face up and covered in blood, and he was taken to Northwestern Memorial Hospital, where he was pronounced dead, prosecutors said.
Where River had lain, police found six 9 mm shells. The next day, they found two handguns, a 9mm pistol with 5 rounds in it, and a .22-caliber revolver, with six expended rounds, prosecutors said. The 9mm pistol was covered in blood.
Just 15 minutes after the shooting, the cousin was stopped by police for a traffic violation, and the officer who conducted the traffic stop later identified Martinez as having been in the passenger seat of the vehicle, prosecutors said. Martinez was alter identified by witnesses as having been involved in the shooting.
Martinez had pleaded guilty to some charges and others were dropped, according to court records, in the October 2012 battery for which he was convicted. In that incident, Martinez was charged with aggravated battery and unlawful use of a weapon in connection with an attack near Irving Park Road and Ashland Avenue.
In that attack, Martinez and other gang members attacked a group of high school students who were returning from a homecoming dance, prosecutors said.
In May 2013, he was sentenced to three years in prison. He was credited for 235 days time served, according to court records.
Martinez, of the 6300 block of North Oakley Avenue, was also charged and found not guilty of unlawful use of a weapon by a felon in 2014.
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