Justin Cavazos of Naperville didn’t pull the trigger to end Oscar Rodriguez’s life in 2007 in Aurora, but a jury found him responsible in the murder and a judge handed down a 60-year prison term for his actions that also wounded Rodriguez’s girlfriend.
An appellate court ruling recently upheld Covazos’ conviction after the now-24-year-old appealed on grounds that prosecutors were allowed to present improper evidence about gangs and a subsequent gang-related shooting on Jan. 20, 2007, the day of Rodriguez’s death.
Cavazos, who was 16 at the time of the killing, also argued state laws regarding juveniles in adult court and sentencing guidelines were unconstitutional. The Second District Appellate Court judges were unmoved by his claims, although they suggested they did not “take his arguments lightly” as to the issue of sentencing add-ons and how that impacts youths tried as adults.
Now-retired Kane County Judge Timothy Sheldon sentenced Cavazos to 20 years for murder and 15 years for the attempted murder of Rodriguez’s girlfriend, with an additional 25 years total added on because a gun was used in the shooting that took place on High Street in Aurora in broad daylight.
Cavazos is not eligible for parole until 2065, a punishment he contended was essentially a life sentence, according to the appellate ruling.
Cavazos and his brother, Joshua, were tried simultaneously before two juries in 2011. Prosecutors generally described the brothers as “cold-blooded killers” who set out in a stolen SUV to go hunting for rival gang members.
Prosecutors said Justin Cavazos brought a gun with him for the ride. Although police said Rodriguez was not a gang member, he did have a family connection to one prominent gang in Aurora, while the Cavazos brothers of Naperville belonged to a rival gang, according to trial testimony.
Along with Justin and Joshua Cavazos in the stolen SUV were Jaime Barragan and David Hernandez. Justin initially handed the gun to Hernandez after spotting Rodriguez, but Hernandez refused to open fire. Justin then gave the gun to his brother who fired several shots, fatally striking Rodriguez in the head and wounding his girlfriend in the leg.
Joshua Cavazos, 26, is currently serving a 75-year sentence that won’t see him eligible for parole until he is 90 years old. The appellate court previously denied his appeal.
Hernandez and Barragan, who drove the SUV during the drive-by shooting, each testified as part of agreements with prosecutors. Hernandez pleaded guilty to a charge relating to the stolen vehicle, while Barragan is due for parole next year on weapons-related convictions.
Dan Campana is a freelance reporter