Man found guilty in 12-year-old murder of Aurora boy
The family of Nico Contreras will never know what type of man he would have become.
But they now know who will be held responsible for the 6-year-old Aurora boy's death on Nov. 10, 1996.
Elias Diaz, 38, was convicted Friday of driving the getaway car after the boy was mistakenly shot while sleeping at his grandparents' home on the city's east side. Rival gang members were targeting Nico's uncle but shot him twice instead.
Nico's father, Javier Contreras, said he and his wife, Sandra, felt relief, closure and happiness after Judge Timothy Sheldon rendered the verdict. Javier Contreras thanked Aurora police, the FBI and prosecutors for never giving up on the case and remembering his son.
"We waited so long for this day," he said. "Today, Aurora got a guilty verdict. Nico got justice."
Diaz showed little emotion after the verdict was read other than to briefly glance back at the gallery, which was packed with relatives and friends of the Contreras family.
Diaz, who authorities say was second in command of an Aurora gang, faces 20 to 100 years in prison. A sentencing date has not been set.
A second defendant, Mark Downs, 32, is charged with pulling the trigger. His next court date is May 15.
During the five-day bench trial, prosecutors relied on the testimony from several former gang members, including Ruben Davila.
Davila was living in Mexico and came forward in spring 2007. Diaz ordered Davila and Downs to kill a rival gang member, Davila had testified.
Sheldon said Davila knew facts that only people involved in the shooting would know, and these facts were backed up by evidence gathered by police.
Although Davila struck a deal with prosecutors, Sheldon said Davila had no motive to implicate Diaz and Downs.
Sheldon also said testimony showed that Diaz had authority to order a hit on a rival gang member. Members of Diaz's gang were worried they would get a bad reputation for killing a child.
Diaz's defense attorney, Kathleen Colton, had argued that the former Marine and Gulf War veteran was essentially set up by underling gang members trying to weasel out of stiffer sentences.
Colton also said someone called police April 8, after the trial was over, claiming a person now living in Mississippi was the driver.
Sheldon gave her 30 days to investigate.
Kane County State's Attorney John Barsanti credited his staff and other law enforcement agencies for continuing to pursue the case.
"(Nico's parents) might have thought that people forgot. The reality is that is not true," he said. "It's been a long road, and now it's obvious that nobody forgot."