Naperville man sentenced for 2007 murder
A judge sentenced a gang member to 80 years in prison Wednesday after his conviction in the 2007 shooting death of a 15-year-old on Aurora’s east side.
Kane County Judge Timothy Sheldon sentenced Joshua A. Cavazos, 22, of the 3300 block of Lapp Lane, Naperville.
In the first double jury trial in Kane County since 2002, Cavazos and his younger brother, Justin, also of Naperville, were convicted of two counts of first-degree murder in the death of Oscar Rodriguez, one count of attempted first-degree murder, one count of aggravated discharge of a firearm and one count of unlawful possession of a stolen motor vehicle for the Jan. 20, 2007 shooting.
Prosecutors said the Cavazos brothers were in a stolen sport utility vehicle driven by co-defendant Jaime E. Barragan, 22. A fourth co-defendant, 22-year-old David Hernandez, was riding in the back seat. The men, all gang members, were driving through rival gang territory looking to shoot any member of a rival gang, according to police and prosecutors.
Near High and Grove streets in Aurora, they saw Rodriguez walking with his girlfriend and someone in the SUV flashed a gang sign at him to determine his gang affiliation.
Authorities said Justin Cavazos handed a .40-caliber handgun to Hernandez. Hernandez didn’t shoot at Rodriguez, but handed the gun to Joshua Cavazos, who fired four shots. Three shots struck Rodriguez, who died later at a hospital. The girlfriend was hit by a bullet, but not seriously injured.
Joshua Cavazos faced a minimum of 45 years in prison — 20 years for murder and another 25 years because he fired the gun.
Justin Cavazos is due in court Feb. 15 and faces a minium of 35 years in prison. In late 2010, the Cavazos brothers, each with their own attorney, were tried in the same courtroom, in front of separate juries.
Barragan is charged with two counts of first-degree murder, one count of attempted first-degree murder, one count of aggravated discharge of a firearm, and one count of unlawful possession of a stolen motor vehicle, according to court records. He is due in court Feb. 9.
Hernandez was charged with aggravated unlawful use of a weapon, according to court records. His case is pending.