advertisement

Kane state's attorney wants review of murder conviction reversal

Kane County State's Attorney Joe McMahon said Tuesday he intends to ask the Illinois Supreme Court to review an appellate court reversal of a conviction for the 1996 murder of 6-year-old Nicholas "Nico" Contreras in Aurora.

"It is an emotional case for all of us," McMahon said. "It marked a turning point in the Aurora community and its response to gang issues in the city of Aurora."

The 2nd District Appellate Court reversed Mark Downs' conviction May 30, saying the trial judge's instructions to the jury about defining "reasonable doubt" were incorrect. The jury had asked the judge what was reasonable doubt, and if it meant certain percentages of doubt. Illinois law prohibits judges from defining reasonable doubt. Downs' attorney argued the judge should have told the jury he couldn't define the term for them. The judge instead told the jury he couldn't define it, but that it was up to the jury to decide a definition. The appellate court said that when the jury asked about percentages of doubt, that indicated jurors were thinking of a standard less than that required by law for a conviction.

Contreras was killed as he lay sleeping in a bed at his grandmother's house, by bullets shot through a window. Prosecutors contended that Downs had been ordered by the leader of the gang to which he belonged to kill the boy's uncle, who normally slept in that room. The uncle had belonged to a rival gang.

The November 1996 murder was the city's 25th homicide that year, tying a record that had been set the previous year.

Downs, now 37, was indicted in 2007 and convicted in 2009. He was sentenced to 70 years in prison. He is also serving a 17-year sentence for a conviction in a 2004 attempted murder case, and is incarcerated at Stateville prison.

If the state Supreme Court refuses to review the appellate decision, or does not reverse it, McMahon will have to decide whether to retry the case.

McMahon was not the state's attorney in 2006. The judge who oversaw the case, Timothy Sheldon, has retired, and Downs' attorney, then-Kane County public defender David Kliment, has become a judge.

70 years for Aurora boy's killing in 1996

Man serving 70 years for killing Contreras wants new trial

New hearing ordered in 1996 murder of Aurora boy

Man guilty in 1996 killing of Aurora boy denied new trial

Mark Downs
Article Comments
Guidelines: Keep it civil and on topic; no profanity, vulgarity, slurs or personal attacks. People who harass others or joke about tragedies will be blocked. If a comment violates these standards or our terms of service, click the "flag" link in the lower-right corner of the comment box. To find our more, read our FAQ.