Prosecutor tries to poke holes in McHenry man's self-defense claim

A McHenry man claiming self-defense in the fatal stabbing of a high school student expressed no fear of the teenager when police questioned him hours after the slaying, a prosecutor said Monday as the man went on trial for first-degree murder.

To the contrary, Victor Bandala-Martinez, 22, told investigators, "When I poked him, I wasn't afraid," Assistant McHenry County State's Attorney Michael Combs said during an opening statement that started the trial.

"He never says he is fearful of the victim or fearful of the victim's friends," Combs added.

Bandala-Martinez could face up to 60 years in prison if found guilty of the Dec. 14, 2008 stabbing of Yair Cabrera, a 17-year-old sophomore at McHenry High School's West Campus, outside a house party in McHenry.

Late last week Bandala-Martinez waived his right to a jury trial and instead is letting McHenry County Judge Joseph Condon decide the case.

His attorney, Senior Assistant Public Defender Christopher Harmon, did not give an opening statement Monday, choosing to wait until after prosecutors finish presenting their case.

The defense previously has indicated that Bandala-Martinez will claim he stabbed Cabrera in self-defense during an altercation with the victim, who he believed to be a gang member.

Condon heard testimony from Cabrera's mother along with the first police officer on the scene of the killing and the officer who arrested Bandala-Martinez. The trial then came to an abrupt halt when prosecutors turned over previously undisclosed photographs to the defense. The judge called off the proceedings for the day to give the defense time to review the evidence with Bandala-Martinez.