Judge Denies Bond For Man, Teen Charged In 8-Year-Old's Killing

CHICAGO — A Cook County Circuit Court judge denied bond to a man and a 16-year-old boy who have been charged with murder in connection with the shooting death of an 8-year-old girl last weekend in Chicago’s Little Village neighborhood.

In a bond hearing Thursday morning, Judge Susanna Ortiz determined that Xavier Guzman, 27, and the 16-year-old boy whom Patch is choosing not to name at this time, present a significant and clear and present danger to the community after they were charged in the death of Melissa Ortega.

The girl was shot in the head while walking with her mother just before 3 p.m. on Jan. 22 when police said that the 16-year-old shot at a rival gang member and instead, shot Melissa in the head. Assistant State's Attorney James Murphy said that the boy was currently on probation after police said that he was involved in three aggravated carjackings in 2021, the attorney said Thursday.

Both men were charged on Wednesday and also face a charge of attempted murder and on weapons charges.

Ortiz said that the 16-year-old's decision to fire a gun in a busy neighborhood during the afternoon hours of a Saturday demonstrates "an absolute disregard for human life."

Ortiz added: "Once again, we see today that it is easier for children to obtain firearms than it is for them to obtain a packet of cigarettes. Firearms in the hands of someone this age constitutes weapons of mass destruction."

Melissa Ortega, whose family moved to Chicago six months ago from Mexico, was killed in the incident that also injured a 29-year-old man. That man, whom police identified Wednesday as a rival gang member, was one of three people standing on a street corner near 26th street when the shooting occurred.

Chicago's police superintendent said at a news conference on Wednesday that the 29-year-old man was shot in the back while trying to run from the gunfire. Murphy said Thursday that Melissa and her mother started to run away from the gunfire but that the girl was hit in the head.

A nearby parked car in which a 47-year-old man and his 9-year-old daughter was also hit multiple times by gunfire, Murphy said, but both people avoided being injured.

Murphy said at Thursday's bond hearing that Guzman drove a cab to the home of the teen just after 2 p.m. on Jan.22. Guzman works as suburban cab driver and had the vehicle assigned to him, Murphy said. Guzman was not working at the time of the incident and was not allowed to pick up fares in the city.

The 16-year-old boy sat in the front passenger seat of the cab and the car passed by rival gang members standing on the street corner flashing gang signs, Murphy said at Thursday's hearing. The teen is an admitted gang member of a rival gang, Murphy said, and got out of the car after Guzman parked in a nearby alley, police said.

Assistant Public Defender Chris Anderson represented both men in court on Thursday was seeking bond for both Guzman and for the teenager. In his plea before the court, Anderson claimed that the rival gang member who was spotted on a street corner flashing gang signs created a "mob action" situation and should be held responsible. He also said there was no proof that Guzman was willingly involved in the incident and merely drove the 16-year-old around.

Anderson said that the teen is an 11th grader, plays soccer and lives with his parents.

The judge disagreed after the cab that police said was used in the incident was seen driving past the location multiple times on Saturday, including just before midnight when a memorial had been placed at the intersection where the young girl was shot. The two offenders were also caught on video surveillance at a nearly Subway getting sandwiches within 30 minutes after the shooting took place.

Video surveillance shows the 16-year-old boy wearing the same clothes he was seen wearing at the location of the shooting, Murphy.Video also shows the two suspects at a local gas station purchasing drinks and at one point, Murphy said, the black mask the teen was wearing was down and his face was clearly seen on video.

Chicago Police saw the cab on Sunday and was arrested Guzman. The handgun that police said was used in the shooting was in a passenger-side door compartment when Guzman was taken into custody, Murphy said Thursday.

Testing confirmed that shell casings found at the scene of the shooting matched those that were found in the gun, the attorney said. A fingerprint taken from the passenger side door matched that of the teenager, Murphy said, who added that Guzman's cell phone showed evidence of communication with the teen before the shooting took place.

Murphy said there were videos on the phone with Guzman acknowledging he was in the area of the shooting and identified the teen by his nickname, the assistant state's attorney said. The teen was arrested on Tuesday.

"This 8-year-old girl's life is over because of this gang nonsense between these two defendants and a rival gang member," Murphy said. "...I would point to the utter disregard for human life and the pure callousness that both of these defendants showed during these events."