35-year sentence in Elgin 2009 shooting that killed young mom
A Kane County judge Wednesday sentenced a 21-year-old Elgin man to 35 years in prison for his role in the shooting death of a young mom in 2009.
“This was a senseless act. Violence of this kind would be the scourge of any community,” said Judge David Akemann before sentencing Tony Rosalez, of the 400 block of Sherman Avenue.
A jury on Feb. 29 convicted Rosalez of first-degree murder, but acquitted him of personally discharging the firearm that killed Paola Rodriguez, a 22-year-old from Rochelle who left behind 5-month old son named Jose.
Rodriguez was shot in the head before 10 p.m. Jan. 30, 2009, as she drove on the 600 block of Raymond Street.
Prosecutors said two rival Elgin street gang members in SUVs a liquor store parking lot in the 500 block of Bluff City Boulevard flashed gang signs at each other and Rodriguez was sitting in a Pontiac Grand Prix with a friend near one of the SUVs.
A car chase involving the three vehicles ensued before Rodriquez was killed.
Raul Perez-Gonzalez, 21, of the 900 block of Jefferson Avenue, in Elgin, and Manith A. Vilayhong, 25, of the 400 block of Prospect Street, Elgin, who were in a SUV with Rosalez testified against him in exchange for 20 year first-degree murder sentences. Prosecutors said Vilayhong thought rival gang members were in the Grand Prix.
Rodriguez's cousin, Guillermo Martinez, said she was like a sister to him and he was angry that her son, who will turn 4 in August, will never know his mother.
“Paola was a caring soul with a big heart and an even bigger laugh. She never hesitated to say ‘I love you' or defend you if you were in trouble,” Martinez said. “Paola was a free spirit, a headstrong woman, and she was beautiful.”
Another cousin, Sara Almanza, said others got a second chance at life because several of Rodriguez' organs were donated. “I miss everything about her,” Almanza said. “(Jose) knows his mother's face from pictures, but sadly that's all he knows.”
While Rodriguez's relatives read extensive, emotional and eloquent statements, Rosalez, who was 18 at the time of the murder, offered a short apology when offered the chance to speak.
“I am truly, very sorry for your loss,” was all he said to Rodriquez' relatives, barely turning around to look at them in the last two rows of the courtroom.
Assistant State's Attorney Greg Sams argued for a 50-year sentence, pointing not only to the murder, but Rosalez' criminal history of marijuana use, burglary and gang affiliation.
Rosalez faced a top sentence of 60 years.