40 years in videotaped West Chicago double gang murder

A Lisle man was sentenced Wednesday to 40 years in prison after admitting he committed a double gang-related homicide in West Chicago that a witness captured on videotape.

Richard Huerta, 25, pleaded guilty to first-degree murder for the Father's Day 2001 fatal shooting that erupted during a gang fight in the courtyard of the Riverwoods apartment complex off Roosevelt Road.

Police arrested four men for the June 17, 2001, shooting deaths of Jose Tamayo, 24, and Pedro Reyes, 29, roommates in the complex. A third man survived a gunshot wound to the buttocks.

Prosecutors Steven Knight and Paul Marchese said Huerta was the lone shooter during the brawl, sparked weeks earlier during a fight between two rival gangs. Prosecutors said Huerta and his co-defendants came to West Chicago that morning to even the score after an earlier beating.

The fight began outside of a store in the nearby Lorlyn Plaza and spilled into the apartment complex, just east of Route 59.

Prosecutors said a neighbor's home video shows the fight and ensuing shooting. Additionally, police gathered more evidence from surveillance cameras in nearby stores. The four co-defendants also made admissions during police questioning. Police also located the .38-caliber handgun.

"Huerta told police he fired one warning shot into the air," Marchese said. "He said he looked into their eyes and he didn't think they believed him. So, after someone screamed 'Mata los! Mata los! ('Kill them! Kill them!'), he admitted firing into the crowd."

He added: "On the videotape, you see the defendant. His arm is extended. He fires the handgun five times. Both of the (deceased men) were shot in the back."

They didn't pull the trigger, but three co-defendants were accused of encouraging the shooting. Octavio Davalos and Daniel Perez, both of Bolingbrook, pleaded guilty in December 2003 to second-degree murder. Davalos received a 12-year term; Perez was sentenced to 10 years. Blas Garcia, also of Bolingbrook, received 57 months in prison after pleading guilty one month earlier to aggravated battery.

Huerta has remained in the DuPage County jail for nearly seven years. The case against him languished mostly because Huerta was stricken with what was believed to be terminal cancer. His health has since improved.

Despite their gang ties, none of the four young men had significant criminal histories. Circuit Judge Robert Anderson presided over Wednesday's plea deal, reached between prosecutors and defense attorney Gloria Najera.