Ottawa man awaits July 6 ruling on reversing conviction in Marseilles drive-by

An Ottawa man serving 12 years for a Marseilles drive-by shooting (one person was injured) will argue July 6 for overturning his conviction.

Esteban M. Avila, 30, appeared Monday in La Salle County Circuit Court for a hearing on post-conviction relief for his 2018 conviction for aggravated battery with a firearm.

Avila has denied he was the one who, in late December 2017, fired nine shots from a 9-mm pistol into a residence in the 300 block of Chicago Street. There, less than half an hour earlier, Avila had been engaged in a fight. One person was injured, but the injury was not life threatening.

Though the evidence against him was circumstantial – there was no eyewitness testimony or confession to police – Avila was convicted at a bench trial on the strength of the tight timeline and the fact shell casings were recovered from his vehicle. An appeals court upheld Avila’s conviction in 2021.

Monday, however, three members of Avila’s family complained Avila’s then-attorney disregarded their testimony regarding his whereabouts and he would not pursue DNA testing they allege might have shown another’s DNA.

Chief Judge H. Chris Ryan Jr. did not rule on the new allegations of ineffective counsel. Instead, Ryan ordered attorneys to file briefs and to prepare for arguments after Independence Day. A ruling could come that day.

Avila is scheduled to be released in March 2028.