Prospect Heights murder trial continued
The year ended as it began for a former Prospect Heights man charged with the 1994 Christmas Day slaying of 23-year-old Wenceslao Gonzalez in the apartment complex where both men lived.
The fate of Moises Bahena, 62, remained unresolved Thursday after Cook County Court Judge John Scotillo continued the bench trial to Jan. 5, at which time the prosecution and defense will present their closing arguments.
The shooting occurred in the early morning hours of Dec. 25, 1994, in the 800 block of Piper Lane, authorities said. Witnesses testified that the shooting followed several Christmas Eve altercations between friends and relatives of Gonzalez, also known as “El Toro,” and friends and relatives of Bahena, who returned to Mexico after the shooting. The FBI located him there last year and extradited him to the U.S. to face charges of first-degree murder, which carries a sentence of 20 to 60 years. If the court finds him guilty of first-degree murder and of using a firearm to commit the murder, he could face between 45 and 85 years in prison.
As the trial entered its fourth day, defense witness Fortino Cortez testified Gonzalez and others made offensive remarks to guests of a Christmas party which he and Bahena attended. The two groups confronted each other outside, Cortez said. After some pushing, the two groups dispersed, Cortez said. Thirty minutes later, Bahena's nephew Jesus Cruz arrived to say someone had struck another friend, Cortez said.
“Moises got angry” and left to look for El Toro, Cortez said, adding that Bahena did not have a weapon with him when he left the apartment.
That led to a second, fatal confrontation when Bahena, Cruz and some others encountered Gonzalez and his cousin, Alejandro Juarez, also known as “El Cuervo,” Cruz said. (Juarez previously testified that Bahena and a family member hit and kicked him earlier that evening).
An argument ensued, during which Cruz testified that he struggled with Juarez, who yelled “Toro, go get the .38.” Hearing a gunshot, Cruz testified that he shook Juarez saying, “look what you did.”
Defense attorney Ed Edens has argued that Bahena acted in self-defense.
On cross examination, Cook County Assistant State's Attorney Andy Dalkin confronted Cruz with apparent inconsistencies between Thursday's testimony and his statements to the grand jury from 14 months ago. A self-described alcoholic, Cruz admitted having more than 20 drinks that night and said he could not remember some details.
At the conclusion of Thursday's proceedings, Scotillo ordered the court reporter to provide transcripts of testimony from several of the victim's relatives, including Juarez, who took the witness stand earlier this month.
The trial resumes Wednesday in Rolling Meadows.