Naperville brothers convicted in Aurora gang-related killing
Two Naperville brothers have been convicted in the 2007 gang-motivated shooting death of a 15-year-old Aurora youth.
Joshua A. Cavazos, 22, of the 3300 block of Lapp Lane, was convicted late Monday. His brother, Justin A. Cavazos, 21, of the same address, was convicted Tuesday afternoon. Each was convicted on two counts of first-degree murder, one count of attempted first-degree murder, one count of aggravated discharge of a firearm and one count of unlawful possession of a stolen motor vehicle.
They were tried in the same courtroom, at the same time, in front of separate juries. Each had their own defense attorney. It was the first double-jury trial in Kane County since 2002.
Joshua Cavazos was found to have personally discharged the weapon that caused the victim’s death, according to a prepared statement from the Kane County state’s attorney’s office.
Joshua Cavazos will next appear in court Jan. 18 for post-trial motions and sentencing. He faces 45 years to life in prison; it will include a mandatory 25-year enhancement because he was the one who shot the gun.
Justin Cavazos will appear in court Feb. 15. He faces 35 to 75 years in prison, and the sentence would include a mandatory 15-year enhancement because he was armed with a firearm during the commission of the crime.
On Jan. 20, 2007, prosecutors said, the Cavazos brothers were in a stolen sport utility vehicle driven by co-defendant Jaime E. Barragan, 21. A fourth co-defendant, 22-year-old David Hernandez, was riding in the back seat. The men, all gang members, were driving through rival gang territory looking to shoot any member of a rival gang, according to police and prosecutors.
Near High and Grove streets in Aurora, they saw 15-year-old Oscar Rodriguez walking with his girlfriend. Someone in the SUV flashed a gang sign at Oscar to determine his gang affiliation, if any. Justin Cavazos then handed a .40-caliber handgun to Hernandez, who was seated next to him. Hernandez was to shoot Oscar. He didn’t, but handed the gun to Joshua Cavazos, who fired four shots through the front passenger window. Three shots struck Rodriguez, who died later at a hospital. The girlfriend was hit by a bullet, but not seriously injured.
Barragan is charged with two counts of first-degree murder, one count of attempted first-degree murder, one count of aggravated discharge of a firearm, and one count of unlawful possession of a stolen motor vehicle. His case is pending.
Hernandez was charged with aggravated unlawful use of a weapon. His case is also pending.
“It is our hope that Oscar Rodriguez’s family can find some relief with these convictions,” Kane County State’s Attorney Joe McMahon said.
“Street gang membership has no future but prison. We will aggressively prosecute gang members who threaten our community with violence,” he said.