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Fox Valley man released after alibis check out

Hal Dardick

An Aurora man who last week turned himself in on attempted murder charges in a shooting was released after police verified his alibis, his defense attorney said Tuesday.

Police and prosecutors confirmed that David Gutierrez Rico, 23, was released Saturday from the Kane County Correctional Center four days after he turned himself in at the Police department on a warrant.

"When the case was initially investigated, we were able to secure an arrest warrant for Mr. Rico based on probable cause," police spokesman Dan Ferrelli said. "After Mr. Rico turned himself in, a further investigation uncovered facts that refuted the findings of the original investigation and that showed Mr. Rico was not involved in the incident."

David Camic, Rico's attorney, said Rico was at his father's house in Marengo at the time of the Oct. 26 incident. After Rico told him that, Camic arranged for Rico to talk to police, he said.

"They went out and investigated the alibis and proved it and let him go," Camic said. "This was one of those rare occasions where it was police I trusted and it was an opportunity to get a guy out right away without a problem."

"They could have handled it differently by waiting to talk to him before they got an arrest warrant," Camic added.

According to Camic, the arrest warrant in the case stemmed from a photograph lineup in which a witness identified Rico as one of those involved in the shooting.

Kane County Assistant State's Atty. Joseph McMahon, who handled the case, said his office asked police to conduct a further investigation as soon as Camic brought additional witnesses to the attention of prosecutors.

Based on that, prosecutors "moved to have him released at the earliest opportunity," Camic said.

Police, meanwhile, continue to investigate the Oct. 26 shooting. The victim, a 20-year-old Aurora man, was shot repeatedly in the thighs and groin. He was released a day later from Rush-Copley Medical Center.

At the time, he was on the handle bars of a bicycle pedaled by another man on the 100 block of North Loucks Street. Shots were fired from a slow moving car occupied by two men.

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Camic Johnson, Ltd., provides legal advice and counsel to the residents of Aurora, North Aurora, Elgin, South Elgin, Naperville, Geneva, St. Charles, Batavia, Winfield, Warrenville, West Dundee, East Dundee, Montgomery, Sugar Grove, Plainfield, West Chicago, Wayne, Gilberts, Bristol, Oswego, Plano, Sandwich, Elburn, Campton Hills, Pingree Grove, Rolling Meadows and Big Rock, as well as to people in communities throughout Kane County, DuPage County, Kendall County, Cook County, DeKalb County and Will County, Illinois.

 

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