Family calls vacated conviction in Burrito Express murder 'salt in the wound'
Raul Briseno was one of 11 siblings raised in a small town in Atolinga, Zacatecas, Mexico.
With $100 in his pocket, and a new bride in 1987, at about 21 years old, he climbed aboard a bus and traveled to the U.S.
Along the way, Briseno spent much of his pocket money. When they arrived in Las Vegas, his wife, Leticia, said she was hungry. Without the heart to tell her he had less than $10 in his pocket, Briseno risked all he had left and took a gamble at a slot machine. To his amazement, he won $400. Then he said, "OK, we can eat now."
This is one of many stories Briseno's son, Raul Briseno Jr., 31, of Schaumburg shared in describing his father's humble beginnings.
Raul Briseno would go on to move to McHenry County, open three Mexican restaurants, buy rental properties and provide for his large family, including siblings and his parents, who eventually moved to the area.
Raul Briseno Jr. reflected on his father's life after learning a federal judge had vacated the conviction of Kenneth Smith, 44, who was convicted and sentenced to 67 years in prison for the elder Briseno's slaying.
Briseno was 34 when he was fatally shot March 6, 2001, in a botched robbery at Burrito Express in McHenry.
Raul Briseno Jr. said the month of March always is depressing for his family, especially for his mom. "I can see it on her face, the way she carries herself," he said.
Raul Briseno Jr. and other family members expressed shock and frustration that they may have to sit through yet another trial.
"It's been hard," he said of the past 19 years since his father was killed and all the legal wrangling that his family has had to endure, including two previous retrials. "It just baffles me that we have another appeal. ... We have been through here one too many times. It's been hard, emotionally draining."
Raul Briseno Jr. and other family members said they believe Smith is guilty and reject defense attorneys' suggestion that his father was selling drugs at the restaurant, leading to his death.
Raul Briseno Jr. said his father was a "people person," a hardworking man who died with the calluses on his hands to prove it. He was a loving man who "carried himself well" and took care of everyone, including members of the Hispanic community.
One time, a man unknown to the elder Briseno came into the restaurant and asked his father for $500 to pay his rent, Raul Briseno Jr. said. Not sure he ever would be repaid, Briseno gave him the money. Raul Briseno Jr. said his father could see the man needed the money, "so he gave it to him."
Another time, a few teenagers entered and demanded tacos. His dad replied with, "What is the magic word?" The teens said, "Please," and he gave them tacos.
Today, the younger Briseno works as a car sales manager, a life far from the restaurant business his father was grooming him for, he said. There are eight restaurants in the Lake and McHenry County area and Chicago owned by Raul Briseno Sr.'s siblings and inspired by their late brother.
Although Raul Briseno Jr. is not currently in the restaurant business, he said he plans to buy back from an uncle the restaurant Raul's Burrito Express in Wauconda next year. It was his father's first restaurant.
He thought at this point in hs life, he would have owned a couple of restaurants. But without his father's guidance, he said, that plan was sidetracked. "My dad was my rock," he said. "If I was slipping up, he would catch me with a leather belt, and I miss that."
Raul Briseno's daughter, Alexandra Strohmaier, 26, is married with two children and lives in Algonquin.
She said she is "disappointed" that Smith's conviction again has been overturned.
"It's like we will never find peace," she said. "It will never be over. ... It is salt in the wound for sure."
She often thinks of how her life would have been different had he been alive.
"I gave birth to my children in the same hospital my dad took his last breath," she said. "It's sad, and they are missing out on a grandpa. He would have loved having grandkids."