Documents: Court overturns McHenry Burrito Express murder conviction for 3rd time

About 7:15 p.m. March 6, 2001, two masked men entered the Burrito Express in McHenry in an attempted armed robbery. Restaurant owner Raul Briseno was killed and led to the conviction of Kenneth Smith of Park City, three different times. Smith, 44, was found guilty of first-degree murder and attempted armed robbery and sentenced to 67 years in prison after each conviction. But Smith's convictions and sentence were recently vacated, and the court now will need to either start the process of retrying Smith – for a fourth time – or release him by mid-June.