Ex-gang member testifies man admitted role in murder

A former Aurora gang chief testified Tuesday he was outraged at the slaying of a 6-year-old by members of his gang and asked the second in command for permission to kill the men involved.

But Elias Diaz said to forget about the Nov. 10, 1996, fatal shooting of Nico Contreras, and also admitted he was the getaway driver, according to Alejandro Solis.

"I couldn't believe he got involved with that," said Solis, now a witness for Kane County prosecutors. "He said I'm the one who drove and to just leave it alone."

Diaz, 38, has pleaded not guilty to two counts of first-degree murder in the death of Nico, hit by two bullets while sleeping at his grandparents' house on Aurora Avenue.

Diaz and the man accused of pulling the trigger, Mark Downs, were not charged until about a decade later in the child's death.

The killing also was a shock among Aurora's gangs. Solis, whose job in his gang was to organize meetings and funds, said he was furious after he learned members of his gang took part in Nico's death.

He testified he thought the murder would give his gang a bad reputation and, if caught, said Nico's killers did not deserve the gang's protection in prison.

"It pissed me off. It made me angry," Solis said. "It was only a 6-year-old boy and I had my own sons. I couldn't tolerate that."

Diaz, formerly of the 100 block of Solfisburg Avenue, has been on trial before Judge Timothy Sheldon since Monday and is expected to testify later this week.

Defense attorney Kathleen Colton has argued prosecutors have no evidence linking Diaz to the murder and have built their case on statements from witnesses, such as Solis and another gang member, working with authorities.

Michelle Sutphin, an FBI agent, testified Solis received about $3,700 for expenses as he helped authorities investigate gang crimes and Nico's murder.

Solis also wore a wire when he spoke with Diaz on two occasions last year, Sutphin said.

Police say Nico's death was the result of a botched assassination attempt on his uncle, a rival gang member who had stayed in the bedroom where the boy slept the night he was killed.

Downs also is charged in Nico's murder and is awaiting trial.