On the night of June 15, 2013, 21-year-old Ricardo Herrera and two friends, 20-year-old Nick Mundo and 21-year-old Dennis Chavez set out on foot to walk three blocks to buy beer at a liquor store in the Little Village neighborhood of Chicago, Illinois. As they neared Moreno's Liquors, they saw a man pacing outside. When they got closer, the man approached and said, "What's up?"
Herrera replied, "What's up?" When the man was about three or four feet away, he drew a handgun and began shooting. Herrera was shot 12 times and died. Mundo and Chavez were each shot once and survived. Chavez suffered a shattered collar bone. Mundo was shot in the shoulder.
At the hospital, Chavez and Mundo provided a description of the shooter to police. Mundo described the shooter as a "white complected, Hispanic, red shirt, black shorts, black shoes, and short hair." Chavez said the gunman was 5 feet 4 inches tall with pushed back or slicked back hair and wearing black shorts, a red t-shirt, and black shoes.
Police obtained a surveillance video from the liquor store showing a man in the red shirt pacing outside. Still photographs were created from the video. On June 23, 2013, Chavez identified the man in the photograph as the gunman.
On July 2, 2013, lead Detective James Decicco showed the surveillance video to Sergeant David Hickey, who recognized the individual in the surveillance video as a "gang subject" who went by the street name "Baby Ghost" - 22-year-old Cesar Torres. Hickey said the shooting took place on the border separating two rival gangs, the Two-Sixers and the Latin Kings.
Decicco made no attempt to arrest Torres because he did not believe the man in the video resembled the photos of Torres retrieved by Hickey from the police gang database.
On February 10, 2014, Detective Decicco reported that he had received an anonymous tip about the shooting. The tipster said to look into someone named "Ghost," whose first name was Cesar. Decicco then put together a photographic lineup in which Torres was the only individual wearing a red shirt. That same day, Chavez viewed the photographic lineup and identified Torres as the gunman. Mundo also viewed the photographic array, but did not identify anyone. He asked to see a live lineup. The following day, Chavez posted on Facebook: "Detectives came looking for me. We may finally have justice for my homie Ricky." Mundo "liked" that post.
On February 14, 2014, police arrested Torres and he was placed in a live lineup. Before going to the police station, Chavez posted on Facebook that he heard the police had caught the gunman, who Chavez believed was likely a Two-Six gang member. Mundo again "liked" Chavez's post.
Two of the fillers had long ponytails, while the gunman was described as having short hair. The other two fillers were 28 and 32 years old, much older than Torres. Both Chavez and Mundo identified Torres as the gunman.
A Cook County grand jury subsequently indicted Torres on charges of first-degree murder and attempted first-degree murder.
Prior to his trial, Torres's defense lawyer moved to suppress the identifications as suggestive. Decicco acknowledged that Torres was the only one in the live lineup who was in his early 20s with short hair. He claimed that the ponytails were not visible because they were pulled back and he did not ask the participants to stand up and turn to the right or left.
Chavez testified and despite his Facebook posting, he denied that police told him that a member of the Two-Six gang was in custody. He said the detectives told him they had "a possible lineup with whoever it may have been." Mundo also testified and denied that police had told him the gunman had been arrested.
Cook County Circuit Court Judge Alfredo Maldonado denied the motion to suppress the identifications.
Judge Maldonado also denied a pretrial defense motion to exclude testimony about the anonymous tip. The defense argued that the tip was inadmissible because the police had failed to record the caller's name, telephone number or any other identifying information, nor did police record when they received the tip.
Torres went to trial in June 2018. Chavez testified that he saw Torres pacing in front of the liquor store and then walk toward Chavez, Mundo and Herrera. He said Torres said, "What's up" and then began shooting. He said he could see the gunman's face because he was about three or four feet away, and the sidewalk was well lit by streetlights. Chavez admitted he had his head down as the gunshots began, and did not realize the gunman was shooting at them until he saw Mundo run away. Chavez said he ran after Mundo, but stopped when he realized Herrera was not running with them. Chavez said he saw Herrera on the ground and heard him say, "Dennis, I'm hit."
Chavez said he started to run to Herrera but the gunman fired at him, striking him in the shoulder. Chavez said he moved to the side of a car and saw Torres kneel down and shoot Herrera in the head. Chavez then ran home.
Mundo testified that he had not paid attention to the gunman prior to the shooting because he was talking to Chavez and Herrera. He said he saw the gunman reach for his gun, and was "face-to-face" or at least just a few feet from the gunman during the shooting.
During cross-examination, Mundo admitted he had told police the gunman had the gun in his right hand. During re-direct examination by the prosecutor, Mundo denied the gunman was right-handed, but said the gun had been in his left pocket. On re-cross examination, he said the gunman held the gun with both hands.
He said he ran as soon as the gun came out. As he ran, he saw blood on his shirt and realized he had been shot in the shoulder.
Chavez and Mundo both acknowledged making the Facebook posts.
Manuel Sanchez, who lived on the block of the shooting, testified that he woke up at 10:45 p.m. to the sound of gunfire. He looked out his window and saw a man wearing a red t-shirt and blue shorts standing with a gun and another man on the ground.
Gerardo Trejo also lived on the block. He said that he heard gunshots around that same time, looked out his window and saw a man wearing a red t-shirt and blue jean shorts. He said the man fired the gun twice at another man who was on the ground.
Neither man was able to identify the gunman.
The defense and prosecution stipulated that a firearms analyst concluded that four fired bullets and two fired bullet fragments were .40-caliber. The analyst also concluded that 12 shell casings had been fired from the same gun. A further stipulation said that Herrera had been shot 12 times.
The surveillance video from Moreno Liquors was entered into evidence, along with still photographs printed from the video. Detective Dale Potter testified that the man in the video resembled the description of the shooter given by Mundo and Chavez.
Sgt. Hickey testified that the shooting took place on the border of territory between the Latin Kings and Two-Six gangs. He said he had viewed the video in July 2013 and recognized the man as Torres, who was known as "Baby Ghost." Hickey admitted that Torres was not arrested at that time because the detectives did not think he was the person in the video.
Detective Decicco testified that he received the tip from a woman who said that he "might want to look at a person named Ghost." The woman said the person's first name was Cesar.
Decicco admitted he did not record the call or document it in any report, and he did not recall when the call was made. He said he entered the information into the police gang database and retrieved a photo of Torres.
Torres did not testify.
Jesus Salazar, program manager for the Enlace violence prevention program in Little Village, testified that Torres had participated in the program for more than a year prior to the shooting. He said that Torres attended Enlace's "Dress for Peace and Success Workshop" on June 17-18, 2013, just two days after the shooting.
Salazar said that on June 18, Torres and other participants went to the Men's Warehouse to buy suits. Photographs from that event showed Torres with close-cropped hair.
Dr. Deryn Strange, an expert in eyewitness identification, testified about the problems associated with memory, particularly when a weapon is involved, the lighting is poor and when the victims were not paying attention prior to the shooting. Dr. Strange did not provide an opinion on whether Chavez or Mundo were correct, but noted that a witness's high degree of confidence did not mean the identification was accurate.
On June 11, 2018, the jury convicted Torres of first-degree murder and attempted first-degree murder. He was sentenced to 71 years in prison.
On September 27, 2021, the First District Illinois Appellate Court vacated the conviction and ordered a new trial. The court ruled that Decicco should not have been allowed to testify about the anonymous tip because Torres was unable to cross-examine the source of the information.
On June 24, 2022, Torres was released on bond pending a retrial.
In February 2023, Torres went to trial a second time. He chose to have Judge Maldonado decide the case without a jury.
At this trial, Torres's defense attorney presented evidence for the first time that Torres had a large keloid scar on the back of his head. The surveillance video showed that the gunman did not have any scar on the back of his head.
Salazar again testified about the day Torres and the others went to the Men's Warehouse to select clothing as part of the violence prevention "Dress for Peace and Success" program. The photograph showed the back of Torres's head as reflected in a mirror.
Torres, who was wearing his hair in a ponytail during the trial, parted his hair in front of the jury to display the keloid scar.
Salazar also testified that Torres was left-handed.
On February 24, 2023, Judge Maldonado acquitted Torres of the charges.
Attorney Stephen Richards subsequently filed a petition seeking a certificate of innocence. On October 25, 2024, the petition was granted. Richards then filed a claim with the Illinois Court of Claims seeking compensation for Torres.
- Maurice Possley
Herrera replied, "What's up?" When the man was about three or four feet away, he drew a handgun and began shooting. Herrera was shot 12 times and died. Mundo and Chavez were each shot once and survived. Chavez suffered a shattered collar bone. Mundo was shot in the shoulder.
At the hospital, Chavez and Mundo provided a description of the shooter to police. Mundo described the shooter as a "white complected, Hispanic, red shirt, black shorts, black shoes, and short hair." Chavez said the gunman was 5 feet 4 inches tall with pushed back or slicked back hair and wearing black shorts, a red t-shirt, and black shoes.
Police obtained a surveillance video from the liquor store showing a man in the red shirt pacing outside. Still photographs were created from the video. On June 23, 2013, Chavez identified the man in the photograph as the gunman.
On July 2, 2013, lead Detective James Decicco showed the surveillance video to Sergeant David Hickey, who recognized the individual in the surveillance video as a "gang subject" who went by the street name "Baby Ghost" - 22-year-old Cesar Torres. Hickey said the shooting took place on the border separating two rival gangs, the Two-Sixers and the Latin Kings.
Decicco made no attempt to arrest Torres because he did not believe the man in the video resembled the photos of Torres retrieved by Hickey from the police gang database.
On February 10, 2014, Detective Decicco reported that he had received an anonymous tip about the shooting. The tipster said to look into someone named "Ghost," whose first name was Cesar. Decicco then put together a photographic lineup in which Torres was the only individual wearing a red shirt. That same day, Chavez viewed the photographic lineup and identified Torres as the gunman. Mundo also viewed the photographic array, but did not identify anyone. He asked to see a live lineup. The following day, Chavez posted on Facebook: "Detectives came looking for me. We may finally have justice for my homie Ricky." Mundo "liked" that post.
On February 14, 2014, police arrested Torres and he was placed in a live lineup. Before going to the police station, Chavez posted on Facebook that he heard the police had caught the gunman, who Chavez believed was likely a Two-Six gang member. Mundo again "liked" Chavez's post.
Two of the fillers had long ponytails, while the gunman was described as having short hair. The other two fillers were 28 and 32 years old, much older than Torres. Both Chavez and Mundo identified Torres as the gunman.
A Cook County grand jury subsequently indicted Torres on charges of first-degree murder and attempted first-degree murder.
Prior to his trial, Torres's defense lawyer moved to suppress the identifications as suggestive. Decicco acknowledged that Torres was the only one in the live lineup who was in his early 20s with short hair. He claimed that the ponytails were not visible because they were pulled back and he did not ask the participants to stand up and turn to the right or left.
Chavez testified and despite his Facebook posting, he denied that police told him that a member of the Two-Six gang was in custody. He said the detectives told him they had "a possible lineup with whoever it may have been." Mundo also testified and denied that police had told him the gunman had been arrested.
Cook County Circuit Court Judge Alfredo Maldonado denied the motion to suppress the identifications.
Judge Maldonado also denied a pretrial defense motion to exclude testimony about the anonymous tip. The defense argued that the tip was inadmissible because the police had failed to record the caller's name, telephone number or any other identifying information, nor did police record when they received the tip.
Torres went to trial in June 2018. Chavez testified that he saw Torres pacing in front of the liquor store and then walk toward Chavez, Mundo and Herrera. He said Torres said, "What's up" and then began shooting. He said he could see the gunman's face because he was about three or four feet away, and the sidewalk was well lit by streetlights. Chavez admitted he had his head down as the gunshots began, and did not realize the gunman was shooting at them until he saw Mundo run away. Chavez said he ran after Mundo, but stopped when he realized Herrera was not running with them. Chavez said he saw Herrera on the ground and heard him say, "Dennis, I'm hit."
Chavez said he started to run to Herrera but the gunman fired at him, striking him in the shoulder. Chavez said he moved to the side of a car and saw Torres kneel down and shoot Herrera in the head. Chavez then ran home.
Mundo testified that he had not paid attention to the gunman prior to the shooting because he was talking to Chavez and Herrera. He said he saw the gunman reach for his gun, and was "face-to-face" or at least just a few feet from the gunman during the shooting.
During cross-examination, Mundo admitted he had told police the gunman had the gun in his right hand. During re-direct examination by the prosecutor, Mundo denied the gunman was right-handed, but said the gun had been in his left pocket. On re-cross examination, he said the gunman held the gun with both hands.
He said he ran as soon as the gun came out. As he ran, he saw blood on his shirt and realized he had been shot in the shoulder.
Chavez and Mundo both acknowledged making the Facebook posts.
Manuel Sanchez, who lived on the block of the shooting, testified that he woke up at 10:45 p.m. to the sound of gunfire. He looked out his window and saw a man wearing a red t-shirt and blue shorts standing with a gun and another man on the ground.
Gerardo Trejo also lived on the block. He said that he heard gunshots around that same time, looked out his window and saw a man wearing a red t-shirt and blue jean shorts. He said the man fired the gun twice at another man who was on the ground.
Neither man was able to identify the gunman.
The defense and prosecution stipulated that a firearms analyst concluded that four fired bullets and two fired bullet fragments were .40-caliber. The analyst also concluded that 12 shell casings had been fired from the same gun. A further stipulation said that Herrera had been shot 12 times.
The surveillance video from Moreno Liquors was entered into evidence, along with still photographs printed from the video. Detective Dale Potter testified that the man in the video resembled the description of the shooter given by Mundo and Chavez.
Sgt. Hickey testified that the shooting took place on the border of territory between the Latin Kings and Two-Six gangs. He said he had viewed the video in July 2013 and recognized the man as Torres, who was known as "Baby Ghost." Hickey admitted that Torres was not arrested at that time because the detectives did not think he was the person in the video.
Detective Decicco testified that he received the tip from a woman who said that he "might want to look at a person named Ghost." The woman said the person's first name was Cesar.
Decicco admitted he did not record the call or document it in any report, and he did not recall when the call was made. He said he entered the information into the police gang database and retrieved a photo of Torres.
Torres did not testify.
Jesus Salazar, program manager for the Enlace violence prevention program in Little Village, testified that Torres had participated in the program for more than a year prior to the shooting. He said that Torres attended Enlace's "Dress for Peace and Success Workshop" on June 17-18, 2013, just two days after the shooting.
Salazar said that on June 18, Torres and other participants went to the Men's Warehouse to buy suits. Photographs from that event showed Torres with close-cropped hair.
Dr. Deryn Strange, an expert in eyewitness identification, testified about the problems associated with memory, particularly when a weapon is involved, the lighting is poor and when the victims were not paying attention prior to the shooting. Dr. Strange did not provide an opinion on whether Chavez or Mundo were correct, but noted that a witness's high degree of confidence did not mean the identification was accurate.
On June 11, 2018, the jury convicted Torres of first-degree murder and attempted first-degree murder. He was sentenced to 71 years in prison.
On September 27, 2021, the First District Illinois Appellate Court vacated the conviction and ordered a new trial. The court ruled that Decicco should not have been allowed to testify about the anonymous tip because Torres was unable to cross-examine the source of the information.
On June 24, 2022, Torres was released on bond pending a retrial.
In February 2023, Torres went to trial a second time. He chose to have Judge Maldonado decide the case without a jury.
At this trial, Torres's defense attorney presented evidence for the first time that Torres had a large keloid scar on the back of his head. The surveillance video showed that the gunman did not have any scar on the back of his head.
Salazar again testified about the day Torres and the others went to the Men's Warehouse to select clothing as part of the violence prevention "Dress for Peace and Success" program. The photograph showed the back of Torres's head as reflected in a mirror.
Torres, who was wearing his hair in a ponytail during the trial, parted his hair in front of the jury to display the keloid scar.
Salazar also testified that Torres was left-handed.
On February 24, 2023, Judge Maldonado acquitted Torres of the charges.
Attorney Stephen Richards subsequently filed a petition seeking a certificate of innocence. On October 25, 2024, the petition was granted. Richards then filed a claim with the Illinois Court of Claims seeking compensation for Torres.
- Maurice Possley
Posting Date: 12-13-2024
Last Update Date: 12-13-2024
Case Details:
State:
Illinois
County:
Cook
Most Serious Crime:
Murder
Additional Convictions:
Attempted Murder
Reported Crime Date:
2013
Convicted:
2018
Exonerated:
2023
Sentence:
Term of Years
Race / Ethnicity:
Hispanic
Sex:
Male
Age at the date of reported crime:
22
Contributing Factors:
Mistaken Witness ID, Official Misconduct, Inadequate Legal Defense
Did DNA evidence contribute to the exoneration?:
No