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70 years for Aurora boy's killing in 1996

A former Montgomery man convicted of murdering a 6-year-old boy 14 years ago as the victim slept in his grandmother's house was sentenced Thursday to 70 years in prison.

A Kane County jury convicted Mark A. Downs, 33, last April in the Nov. 10, 1996, murder of Nicholas "Nico" Contreras. He had faced up to 100 years.

"I think Nico got his justice today," the victim's mother, Sandi Contreras, said after Circuit Judge Timothy Q. Sheldon handed down the sentence. "He's able to rest."

Prosecutors said Downs believed he was shooting at a rival gang member when he fired a handgun into a bedroom window on Aurora's east side, killing Nicholas as he slept. The case remained unsolved until 2006, when authorities uncovered new evidence.

On Thursday, Downs smirked and shook his head as Contreras' parents attributed the killing to him during testimony. Later, in a statement to the court, he claimed he was wrongly convicted and blamed the murder on a witness who testified against him.

"I'm absolutely 100 percent not guilty of this crime," he said.

Sheldon said the 70-year sentence would be served consecutive to a 17-year term Downs is already serving for an attempted murder conviction in Kane County in 2004. He must serve at least half of the new term, meaning the earliest he could be released is April 2054.

Sheldon said he took into account Downs' extensive criminal history, and noted that he "shows absolutely no contrition."

"This is the defendant's third violent offense for which a firearm was used," Sheldon said.

In April 2008, Downs' co-defendant, Elias R. Diaz, 40, of Aurora, was convicted of first-degree murder for ordering the supposed gang hit, and he is serving a 60-year sentence.

Contreras' father, Javier Contreras, said he hopes the outcome of the case "sends a message to those individuals leading violent lives that we're not going to take it anymore."

Mark Downs