Prosecutor: Villa Park woman had protection order against man accused of killing her

Bail was set at $3 million Friday for a Villa Park man charged with murdering the mother of his three children, who had received an emergency order of protection against him two weeks ago.

Marco A. Rubio, 25, faces two counts of first-degree murder.

Assistant State's Attorney Louisa Nuckolls told DuPage County Judge Ann O'Hallaren Walsh that the victim, 24-year-old Esmerelda DeLuna, had sought the order of protection because Rubio had thrown their 1-year-old son, injuring the child. DeLuna also accused Rubio of hitting her with a broom, belts and his fists, of sexual abuse, and of threatening to hurt others in her family.

In the petition for the order of protection, DeLuna had said Rubio told her six years ago he was going to kill her with a knife, Nuckolls said.

The couple had emigrated from Mexico about a year ago, Nuckolls said, and were living in a basement apartment on 300 block of Princeton Avenue in Villa Park.

After the order of protection was granted May 5, Rubio moved in with his father, who lives nearby on the 0-100 block of W. Plymouth Street.

Police were called to the Princeton Avenue apartment at 9:24 p.m. Wednesday when neighbors heard screaming and reported a domestic attack.

Nuckolls said that when police arrived, they found DeLuna on the kitchen floor, with an 8-inch kitchen knife stuck in her right leg.

DeLuna's oldest daughter, age 6, told investigators DeLuna and her children tried to block a door to the apartment to prevent Rubio from entering, but that he kicked his way in, Nuckolls said. The girl said she saw her father stab her mother, Nuckolls said.

After Rubio left, DeLuna yelled for the children to get her phone and call her brother, who was living with them. But Rubio had taken DeLuna's phone, Nuckolls said. It was found in a garbage container about a tenth of a mile away.

Nuckolls also said a neighbor who heard the screaming came to the apartment door, and Rubio answered the door. Nukolls did not elaborate on what happened.

DeLuna suffered six stab wounds, including to a lung and an artery that likely caused her death, Nuckolls said.

Assistant public defender Robert Gifford said Rubio works for a restaurant and at a meatpacking plant. He requested bail be set at $100,000, saying Rubio's family had $10,000 available.

To be freed, Rubio must post $300,000. If he posts bond, he would be confined to his home and would have to wear a GPS monitor.

His next court date is June 24.