Man acquitted of trying to kill Villa Park cop

A Villa Park man was acquitted today of trying to kill a police officer, but he still faces a lengthy prison term for firing the gun during a foot pursuit.

A jury deliberated for 6½ hours during two days before reaching the verdict. They found Genaro Villanueva, 29, innocent of attempted murder, but convicted him of aggravated discharge of a firearm.

The pursuit began after police responded to a resident's complaint of possible gang activity at 9:45 p.m. Oct. 27, 2006 in the area of 528 W. Division St. in Villa Park.

Upon investigation, two officers encountered five men. One of them took off running as police approached. Villa Park police officer James Krupiczowicz chased after him.

Prosecutors Steven Knight and Joseph Ruggiero said the officer heard a gunshot as he pursued the suspect. They said the officer ran through the smoke and smelled gunpowder. He did not see a weapon or a gunfire flash.

Krupiczowicz was not injured. The suspect was not immediately apprehended. Police from Addison, Elmhurst, Lombard, Warrenville and the DuPage County Sheriff's office with canines assisted in the search for evidence. A bullet was recovered near a doorway days later.

The gun, though, was never found. After his arrest, Villanueva admitted fleeing police because he was armed and had an outstanding arrest warrant for misdemeanor battery.

Villanueva did not testify during his trial. But his attorney, David Sotomayor, said Villanueva never shot at the officer. He said it accidentally discharged as a fleeing Villanueva tossed it into some bushes. In fact, the attorney said, the defendant had a superficial chest injury consistent with an accidental discharge.

Sotomayor also suggested police planted the bullet, which was found in a location that supports the theory that the officer was the target. The defense attorney said previous searches failed to locate the bullet. It was only found after prosecutors refused to approve attempted murder charges without it, he said.

"It's manufactured evidence," Sotomayor said. "What's remarkable is no one else ever saw this and they testified they scoured the area with a fine-tooth comb."

DuPage Circuit Judge Kathryn Creswell is scheduled to sentence Villanueva Dec. 7. He faces 10 to 45 years in prison because the crime involved police officers.

Villanueva did not have a previous violent criminal history. He has remained in the DuPage County jail on a $1 million bond since his arrest last year.