Jury finds man not guilty in Lockport Township murder

JOLIET – Jurors deliberated about two hours Thursday to decide a man was not guilty of murder in connection with an apparent drug deal gone bad three years ago in unincorporated Crest Hill.

Erik Hernandez, 32, was tried for murder, attempted murder and home invasion for the March 19, 2012, incident that left Juan A. Gonzalez, 39, dead and Ricardo Martinez wounded.

The two friends were in Gonzalez's garage in the 2500 block of Hacker Drive. Martinez testified he believed Gonzalez was arranging a drug deal with a Plainfield man before two men came in through the open garage door. Martinez said a man he couldn't see clearly from behind a vehicle shot Gonzalez.

The other intruder shot Martinez in the back of the head. Martinez identified Hernandez from mugshots and a police lineup later that week.

Defense attorney Chuck Bretz argued Martinez also was involved in the drug deal and changed his description to match Hernandez after talking with relatives at the hospital.

When asked Thursday why he thought the jurors didn't believe Hernandez shot him, Martinez answered, "I don't know," and shook his head.

A phone belonging to the Plainfield man exchanged several calls with numbers belonging to both Hernandez and Gonzalez during the day, according to cellular records produced during the trial.

Grasia Gonzalez, the widow of Juan A. Gonzalez, identified two other men from mugshots during the investigation and did not select Hernandez as the man she saw partially behind Martinez through a window in the door leading from the garage. A neighbor who was outside smoking when two men cut through her yard also did not identify Hernandez to police.

Hernandez remained mostly silent throughout the trial, but discussed basketball with Bretz while the jury deliberated.

"He's obviously elated the proper verdict was reached," Bretz said later.

A relative of Hernandez raised his arms in gratitude as Judge Amy Bertani-Tomczak read the not guilty verdicts. Grasia Gonzalez, who sat next to Martinez for much of Thursday's proceedings, briefly blinked back tears, but remained silent.

Hernandez will remain in the Will County jail. He still faces two counts of unlawful use of a weapon by a felon, charges that were severed before the case came to trial.

Will County State's Attorney spokesman Charles Pelkie said Thursday prosecutors will pursue those charges.

"We're disappointed by the verdict ... but commend the victim's family and witnesses for testifying truthfully," Pelkie said.

Bretz said he will motion to have the weapons charges dismissed.

"Everybody [who came in the garage] had a firearm. The findings of fact are directly contrary to the allegations of him having a gun [indicating] the jury found he wasn't there," Bretz said.

The jury of six men and six women all declined to comment as they left the courthouse.

Hernandez was sentenced to five years in prison for unlawful use of a weapon in 2005 and eight years for another conviction in 2007. He also has been convicted of robbery.