Did ICE’s quest for credit complicate Chicago mass shooting case?

CHICAGO (WGN) — When Immigration and Customs Enforcement announced with fanfare in February—and again in May—the arrest of two men it labeled the “shooters” in a Chicago case, it failed to mention the two men had not actually been charged with that crime.

Three people were killed and five others were injured in the December daylight shooting in Gage Park. Homeland Security issued press releases with pictures of guns and drugs, and photos that identified the shooters as Venezuelan nationals Ricardo Granadillo Padilla and Edward Martinez Cermeno. A source confirmed both men were “persons of interest” in the shooting.

Now, many months later, legal experts say Homeland Security’s quest for credit may complicate a potential prosecution. 

“In 43 years of practicing law, I’ve never seen it: Not on the state level, not on the federal level,” said former federal prosecutor Patrick Cotter. “It taints every witness that the government might ever want to call.”

The Justice Department has specific policies against publicly accusing people of crimes they haven’t been charged with. WGN Investigates asked Homeland Security Secretary Kristi Noem about the case. She denied naming and shaming the men violated DOJ policy.  

“What I wish is you would talk about the victims more,” Noem told WGN Investigates. “How many shot? How many victimized? How are their families doing? You all spend so much time talking about poor justice for these criminals, they’re harming people every single day.”

On the Gage Park block where the shooting happened, a couple who opened a smoothie restaurants two days before the mass shooting said the violence continues to haunt the community. 

“People were scared to come out, to come here to the neighborhood because they were thinking it wasn’t safe for everybody,” said the store owner.

The two men are being held on federal immigration charges outside of Illinois. It’s unclear whether Chicago police have been able to interview them. A CPD spokesperson would only say the investigation is “open and ongoing.” A spokesperson for Cook County State’s Attorney Eileen O’Neill Burke declined to comment.

WGN Investigates first reported on the fact that the men were accused of murder by ICE—but not charged with it by prosecutors.

An ICE spokesperson followed up with a statement that reads in part:

“Instead of questioning why ICE acted decisively to take them off the streets after a violent attack that left three people dead the public should be questioning why local prosecutors are not delivering justice for the victims and ensure this violent gang cannot continue to endanger the community.”