Naperville man gets 60 years in prison for gang murder
Four shots fired five years ago took a life and sent two Naperville brothers to prison for a total of 135 years.
A 21-year-old gang member was sentenced Wednesday to 60 years in prison for his role in a 2007 shooting death on Aurora’s east side.
Kane County Judge Timothy Sheldon imposed the sentence on Justin Cavazos, of Naperville, after he was convicted of first-degree murder of 15-year-old Oscar Rodriguez of Aurora.
Cavazos faced 35 to 75 years for two counts of first-degree murder, attempted murder, aggravated discharge of a firearm and unlawful possession of a stolen vehicle.
Cavazos’ brother, Joshua, 22, also of Naperville, was sentenced to 80 years in prison for firing the gun that killed Rodriguez.
In a recent hearing, Sheldon reduced that sentence to 75 years without explanation, officials said. It still means Joshua Cavazos will likely spend the rest if his life behind bars because in Illinois, convicts must serve 100 percent of a murder sentence.
In a rare double jury trial in December 2011, the Cavazos brothers were convicted of first-degree murder. The trial, which had two juries, two defendants and two defense attorneys, was the first in Kane County since 2002.
Prosecutors said that Jan. 20, 2007, the Cavazos brothers were in a stolen sport utility vehicle driven by co-defendant Jaime E. Barragan, 21. 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. Someone in the SUV flashed a gang sign at Rodriguez to determine his gang affiliation, if any. Justin Cavazos then handed a .40-caliber handgun to Hernandez, who was seated next to him. Hernandez was to shoot Rodriguez.
Hernandez didn’t fire, but instead handed the gun to Joshua Cavazos, who fired four shots through the front passenger window, prosecutors said. Three bullets hit Rodriguez, who later died at a hospital. The girlfriend also was hit, but not seriously injured.
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. His case is pending.
Hernandez was charged with aggravated unlawful use of a weapon. His case is also pending.