Fate of West Chicago man in hands of judge

When his infant son wouldn't stop crying more than two years ago, Gustavo Torres-Medel went into “a horrible fit of rage” and fatally beat the little boy, prosecutors said in court Thursday.

But during the closing arguments of Torres-Medel's murder trial, the West Chicago father's defense attorney tried to convince a DuPage County judge that no one really knows what killed 3-month-old Gustavo Jr. in April 2009.

DuPage Circuit Judge Kathryn Creswell is expected to rule Friday whether 27-year-old Torres-Medel is guilty of murder. If convicted, Torres-Medel could face possible life in prison.

Prosecutor Alex McGimpsey said Gustavo Jr. was “a perfectly healthy child” when he was left in the care of his father on the morning of April 27, 2009. Hours later, the infant was dead with numerous injuries, including bruising on his chest and face.

McGimpsey said the injuries show Torres-Medel beat the child in “a horrible fit of rage,” sparked by the father becoming “desperate” because Gustavo Jr. kept crying.

“This defendant chose to silence this child with violence,” said McGimpsey, adding that Torres-Medel “betrayed” someone who depended on him for survival.

However, defense attorney Mark Lyon argued that a head injury the child suffered could have happened during a fall. “We don't have any evidence as to what caused the fatal injury to the child,” he said.

Lyon said that if Torres-Medel is found guilty, it should be for involuntary manslaughter — not murder.

But prosecutors point out Torres-Medel made no mention of an accident to his girlfriend when she came home to find her son's lifeless body.

Perla Salgado, the child's mother, testified that Torres-Medel repeatedly refused to say what happened, even after she started yelling at him. He only told her that he would be “responsible” for any charges.

Then Torres-Medel left the home and drove to St. Charles, where he told a friend his son was dead and he had hit the boy.

That friend, Alfredo Escobar, testified that Torres-Medel told him what he did “is not going to be forgiven.”

Torres-Medel never took the witness stand to dispute making that statement. He decided not to testify during the three-day bench trial.