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Poor defense - gmg77 - 03-25-2010
Teen shot at rivals 'to scare them'
March 25, 2010
By Beth Kramer <!-- e --><a href="mailto:EKramer@scn1.com">EKramer@scn1.com</a><!-- e -->
<!-- m --><a class="postlink" href="http://www.suburbanchicagonews.com/newssun/news/2121719,5_1_WA25_VARGAS_S1-100325.article">http://www.suburbanchicagonews.com/news ... 25.article</a><!-- m -->
The Waukegan teenager accused of fatally shooting a 15-year-old North Chicago youth admitted he fired a gun at a rival gang in Bob Woodward Park to "try to scare them."
The admission came in an audio recording played at a hearing Wednesday in Lake County Circuit Court.
Sergio Vargas, 18, is accused of shooting Jonathan Quebrado at Bob Woodward Park on Waukegan's South Side. He admitted to some involvement in the March 22, 2009, shooting on audio and video recordings taken during his interview with Waukegan Police Det. Charles Schletz in April 2009.
Defense attorney Mike Nerheim filed a motion to suppress the recorded confessions because he contended his client clearly says in the tapes he does not want to be recorded.
Wednesday was the continuation of the suppression hearing before Judge Christopher Stride.
"At one point (during the interview), he (Vargas) stopped and said, 'I'm not stupid. I know this is being recorded,'" Schletz testified. He went on to say that Vargas continued disclosing information during the recorded interview after he said that.
On the date of the shooting, Vargas, of the 100 block of South St. James Street, said he was among five people who fired four guns toward a crowd of at least 20 people in the park, according to the audio conversation played in court. He fired one of the four guns that went off. Some of the people with him aimed at people in the crowd, but he said his bullets hit dirt, not people.
"I'm just trying to scare them ... I wasn't trying to hit anyone," Vargas said in the audio recording.
A ruling on whether or not it will be admissible in trial is scheduled for April 26.
Assistant State's Attorney Tim Niehus said the state still has a couple hours' worth of more audio and video recorded interview material to play for in court. Stride set the hearing to continue April 16.
Quebrado and a group of alleged gang members were at the park when Vargas and his fellow gang members are said to have fired 15 shots at the group before fleeing into a car.
Quebrado died days later at Advocate Lutheran General Hospital, Park Ridge.
Vargas was indicted on nine first-degree murder counts in May 2009. He pleaded not guilty at his arraignment.