67 years in third trial for McHenry slaying

A former Park City man was sentenced to 67 years in prison Thursday after being convicted of shooting and killing a burrito restaurant owner during a botched robbery in 2001, officials said.

This was the third time McHenry County Judge Sharon L. Prather sentenced Kenneth E. Smith, 36, to prison for the slaying of restaurant owner Raul Briseno, a 35-year-old Wauconda father of two.

Smith was convicted in 2003 and 2008 but an appellate court twice overturned the guilty verdict and ordered a new trial.

Prosecutors on Feb. 29 secured a third conviction against Smith, whose attorneys argued he did not commit the crime and that others confessed to it. The jury took 20 hours over three days to deliver its verdict.

Prather on Thursday rejected a motion from David Jimenez-Ekman, Smith's lead attorney, asking for a new trial. Jimenez-Ekman said he plans to appeal the case again.

Prosecutors argued that Smith and Justin Houghtaling went to rob the Burrito Express in McHenry off Route 120 on March 6, 2001. Both wore ski masks and Smith had a gun. But Briseno, armed with a knife, and a cook chased the pair out of the restaurant instead of turning over any money.

Houghtaling, now 30 and formerly of Island Lake, slipped on some ice in the parking lot and Briseno ripped off the ski mask. But Smith turned around, firing the shot that mortally wounded Briseno, and Houghtaling was able to escape, prosecutors argued.

The cook, who was the only eyewitness to the shooting, could not identify Smith in the courtroom, however.

Houghtaling pleaded guilty to murder and in exchange for the minimum 20-year sentence, agreed to testify against Smith. In Smith's second trial, Houghtaling recanted his testimony and was charged with perjury and sentenced to five more years in prison.

In Smith's third recent trial, Houghtaling again refused to admit his and Smith's role in the shooting, saying they and others were near the restaurant that night but had nothing to do with the murder.