Murder victim's family sues killer's estate
The family of an 83-year-old Marengo woman murdered on Mother's Day 2006 is suing the estate of her now dead killer, hoping to prevent his family from profiting as a result of the crime.
The suit, filed Friday in McHenry County circuit court, seeks unspecified damages above $50,000 from the estate of Jose Manuel Albada-Grijaldo, who was shot to death by police after authorities say he murdered Verna Corcoran during a home invasion.
Albada-Grijaldo's family sued the city of Marengo and Marengo police officer Eric Bocklemann in U.S. District Court earlier this year, claiming the officer used excessive force and wrongfully killed him.
Any proceeds from that lawsuit should go to Corcoran's survivors, a lawyer for the family said Friday.
"If his estate is going to recover, then her estate should recover," Kevin Justen said.
The lawsuit, filed on Corcoran's behalf by her son, Brian Corcoran, alleges Albada-Grijaldo entered her home May 14, 2006, and strangled her to death, causing her pain and suffering in the process and leaving her son and daughter without her companionship.
"Money will never make anyone whole in this situation, but it's the closest to any type of justice the family will ever see," said Philip Prossnitz, an attorney for the Corcoran family.
Police said Albada-Grijaldo, 21, randomly stopped at Corcoran's home that day after riding his bicycle through the Indian Trails neighborhood, a quiet retirement community on the city's west side, and spotting her open garage door.
Investigators believe Corcoran interrupted Albada-Grijaldo burglarizing her home.
Later that day, a Marengo patrol officer spotted a man since identified as Albada-Grijaldo driving Corcoran's car just a few blocks from the murder scene. The officer tried to make a traffic stop, starting a 15-mile chase that ended when the driver lost control of the car at a rail crossing on Brier Hill Road, just south of Route 20.
Albada-Grijaldo, police said, got out of the car and confronted the officer, who shot him four times. A state police investigation later determined the shooting was justified.
Albada-Grijaldo's family's federal suit, however, disputes authorities' version of the shooting.
"At no time during the events was Jose Manuel Albada-Grijaldo armed with any weapon or was he a threat to the safety of himself and others," the suit states.
Michael Oppenheimer, an attorney for Albada-Grijaldo's estate, declined to comment on Friday's lawsuit.
The case is scheduled to be in court for the first time Aug. 29 before McHenry County Judge Michael Caldwell. Albada-Grijaldo's suit against Marengo and Bocklemann will be in court April 30 for a pretrial hearing.