Article posted: 8/23/2012 9:23 AM

Charges dropped in 2011 Carpentersville drive-by shooting

Abraham Barajas

Abraham Barajas

 
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Kane County prosecutors dropped attempted murder and other weapons charges against a 24-year-old Carpentersville man accused of firing shots at five people in two separate cars last summer.

Abraham Barajas, of the 0-99 block of Wren Road, spent a few weeks in jail after his July 21, 2011, arrest before posting $7,500 bond.

If he had been convicted of the most severe charges, Barajas could have spent six to 30 years in prison without the possibility of probation.

"He couldn't believe it. He said it was the best day of his life. He wants to put this behind him," said defense attorney Matt Fakoury. "There were some holes in the case that I brought to (prosecutors') attention."

Fakoury said his office conducted its own investigation and found a third-party witness, who was not available to authorities last summer, who did not place Barajas at the scene or holding the gun. No gun was never recovered.

Fakoury also said he doubted the credibility of witnesses and argued that Carpentersville police made mistakes in the chain of custody while handling evidence.

"After reviewing the evidence, at this time, this was the right way to proceed," First Assistant State's Attorney Jody Gleason said.

Barajas was charged with shooting at four men and one woman in the 0-99 block of Birch Street in Carpentersville in July 2011.

No one was injured, but bullets hit a Chrysler Concord, damaging its driver's side rear door and shattering its window, police said.

At the time, Barajas was charged with five counts of attempted first-degree murder, two counts of aggravated discharge of a firearm at a vehicle, two counts of aggravated discharge of a firearm — one without a FOID card and the other with an active order of protection — and one count of criminal damage to property, police said.

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