Split decision in Elgin man's murder trial

An Elgin man charged in the 2006 shooting death of a Streamwood teenager wasn't responsible for the murder, a jury ruled late Thursday night -- a decision that acquitted David Luna of the most serious charge against him.

But the jury convicted Luna, now 20, of two other charges stemming from the confrontation that took the life of Anthony Brown: attempted murder and aggravated discharge of a firearm. He faces at least 21 years in prison.

The split verdict, which came after about 10 hours of deliberations, brought tears to the eyes of both Luna -- who gave a slight smile to his family -- and Brown's family members, who said afterward that they were satisfied.

"We're happy," said his brother, Dan Brown, hugging his mom. "He's still going to serve what he deserves."

Family members also said they somewhat expected the verdict to come out as it did.

Luna's family declined to comment afterward.

Brown was a 17-year-old straight-A high-schooler at the time he was shot dead in the garage of his friend -- a small-time drug dealer who prosecutors said took cash from Luna and his pal Daniel Vargas earlier that day, but never delivered their drugs.

Brown, who played no role in the deal, was at his friend's home in Streamwood on Nov. 5, 2006, when authorities say Luna and Vargas showed up demanding their money.

It was Vargas who actually pulled the trigger -- pumping three shots into Brown -- but prosecutors alleged it was Luna who aided him, supplying the gun and the ride to the crime scene. Luna then waited for Vargas to shoot Brown and fire extra shots at another man before driving off, prosecutors said, leading police on a high-speed chase that ended when he crashed.

When police searched the vehicle, they found the gun under the driver's seat.

Prosecutors also alleged it was Luna who had promised in advance to kill the guys on the other end of the botched drug deal -- offering a witness, Vargas' girlfriend, who said she heard him say it.

"He is trying to keep his hands clean, but they're not clean," Assistant State's Attorney Marilyn Hite Ross said in her closing arguments. "He's got Anthony Brown's blood all over his hands."

The jury -- seven women and five men -- disagreed.

Before they began their deliberations, defense attorney William Gibbs had argued fervently that his client had been the calming influence that deadly night, telling Vargas to "just chill," according to trial testimony, when he pulled out the handgun.

Luna never held the gun, Gibbs said, arguing there also is no proof it even was his.

"There is no evidence of where that gun came from, or how it got where he got," he said. "There is no evidence he wasn't trying to stop this."

He told the jury the words of Vargas' girlfriend weren't credible testimony and said his client was outside the garage when Brown was shot.

"There were no threats" from Luna, Gibbs said. "There was no aggressive action. In fact, he was calm."

Vargas was convicted in December of first-degree murder, attempted murder and aggravated discharge of a firearm. He was sentenced in January to 50 years in prison.

But prosecutors this week argued Luna also was legally accountable and responsible for all that happened. He was the "mastermind," Assistant State's Attorney Mike Gerber said in his closing arguments, and "if it weren't for him, it wouldn't have happened."

Gerber called Brown, who was nearly ready to graduate, "the only decent human being in the whole scenario."

Gerber and Hite Ross said afterward that they respect the decision of the jury, and believe justice still has been brought to Brown's family.

Luna now faces 21 to 45 years in prison, prosecutors said. He'll have to serve 85 percent of that. He'll be in court Feb. 19 for sentencing.