Hearing Delayed For 5 Teens Charged In Friend's Shooting Death

WAUKEGAN, IL — Lake County State's Attorney Michael Nerheim announced Thursday that a preliminary hearing involving the five teens facing felony murder charges for their involvement in an Aug. 13 crime on Edwards Road near Old Mill Creek, including the death of 14-year-old Ja’quan Swopes was postponed until Sept. 19, according to a release from the state's attorney's office. The continuance was agreed upon by the state's attorney's office and the teens' defense lawyers, in order to give attorneys necessary time to review evidence and hundreds of pages of police reports that Nerheim said continues to come in from multiple law enforcement agencies involved, according to the release.

"We have been in repeated communication with attorneys for the five individuals, and we continue to review the evidence, facts and background of the offenders in order to make appropriate formal charging decisions," Nerheim said in a statement.

Nerhaim also reiterated part of a previous statement from the state's attorney's office.

"The Lake County State’s Attorney’s Office will continue to evaluate this case and work towards a resolution that is fair to all parties involved, while also fulfilling our obligation to keep our community safe," the statement read. "In doing so, I will consider the facts, circumstances, any mitigating factors, and the ages of the offenders."

Aug. 13 Timeline:

Around 1:15 a.m., Aug. 13, a resident of the 17600 block of West Edwards Road in Old Mill Creek called 911 to report he had just shot at a group of people who had tried to steal his vehicle, according to the Lake County Sheriff's Office.

The caller was a 75-year-old licensed firearm owner with a permit to carry a concealed weapon, according to a sheriff's office spokesperson. The homeowner told investigators he noticed a suspicious black SUV in front of his house and a group of people that appeared to be trying to break into his car. Armed with a small-caliber revolver, the homeowner said he went outside to investigate what was going on and shouted at the group to leave.

"The homeowner indicated that as he was standing on his porch, there were two male individuals who quickly approached him on his property at his porch. One of those individuals was holding something in his hand. The 75-year-old homeowner indicated that out of fear for his safety and his wife's safety, he discharged his firearm," Sgt. Chris Covelli said. "What we've determined is one of the rounds that was discharged from his firearm did strike this 14-year-old male in the head."

Swopes' autopsy took place Aug. 14, and criminal defense attorneys believe it will be key to making a determination into the homeowner's claims of self-defense.

A hunting knife was later found near where Swopes was fatally shot. The group of Chicago teens jumped back into the stolen Lexus SUV they had arrived in and fled the man's house, according to the sheriff's office. As sheriff's deputies arrived at the the scene of the shooting, officers from the Gurnee Police Department were investigating a traffic crash about 3 miles south at Grand Avenue and Hunt Club Road near Gurnee Mills.

Related: Homeowner 'Most Likely' Won't Face Charges In Teen's Death

About 10 minutes after the initial call, the Lexus pulled up to the emergency vehicles at the Gurnee crash site, Covelli said. Two people got out, including a wounded Swopes. A companion of Swopes shouted for help from the Gurnee officer, who immediately called for an ambulance and began performing CPR. The other four people inside the SUV sped away.

Swopes was taken to Advocate Condell Medical Center in Libertyville and later died, according to the sheriff's office. His friend who got out with him was taken into custody. Gurnee police began chasing the Lexus south and were later joined by Lake County sheriff's deputies and Illinois State Police troopers, who joined in the pursuit on the Edens Expressway in Skokie.

The chase exceeded 100 mph at times, according to Covelli. Law enforcement must always weigh the risks of the pursuit against the importance of apprehending a vehicle, he explained.

"In this case, we had what appeared to be a young man with a gunshot wound to the head, and his body was left there in a busy intersection," Covelli told reporters. "So in this case those factors did outweigh the risk of the pursuit."

Covelli said chase ended after the SUV ran out of gas near North Halsted and West Randolph streets in Chicago's West Loop neighborhood. Three of the four people inside were quickly arrested, but one was able to briefly elude police.

Dax, a sheriff's office police dog, was able to detect the boy hiding underneath trash in a dumpster in the 100 block of North Green Street, where he was taken into custody. Covelli said the five surviving Chicago teens include an 18-year-old from woman and four boys.

The Lake County State's Attorney's Office will also determine whether Swopes' homicide was justified, according to Covelli. Under Illinois law, anyone determined to have been taking part in a "forcible felony" that led to the death of an accomplice is eligible for felony murder charges.

The Lake County State's Attorneys Office charged all five Chicago residents with first-degree murder after determining they were all involving in committing a burglary. They include Curtis M. Dawson, 16, of South Shore, Kendrick Cooper, 17, of Bronzeville and Steven D. Davis, 17, Stacy Davis, 17, and 18-year-old Diamond Davis — all of the 5700 block of South Bishop Street.

All five were ordered held in lieu of a $100,000 cash portion of their bond ahead of their court appearance which took place Sept. 5.

The black 2015 Lexus SUV had been stolen from Wilmette that previous Sunday, Covelli said. It was not immediately known if the same group of teens was involved. Wilmette police did not immediately respond to a request for details about the circumstance of that incident.