:quality(70):focal(133x128:143x138)/cloudfront-us-east-1.images.arcpublishing.com/shawmedia/XYYCZYDRKNDPXAC246CWE4N7RE.jpg)
Prosecutors made their final case to a Will County judge that a Harvey man is guilty of shooting and killing a 19-year-old man in New Lenox five years ago.
A key witness corroborated all of the video, forensic and DNA evidence gathered in the case against Kevin Johnson, 21, who is charged with the murder of Charles Baird, 19, of New Lenox, according to Assistant State’s Attorney Katie Rabenda.
Rabenda and Assistant State’s Attorney Christine Vukmir delivered closing arguments in Johnson’s case on Tuesday before Judge Amy Bertani-Tomczak.
The judge will decide whether Johnson is guilty of the crime.
The key witness, Marquez “Mac” Whitfield,” 20, was granted immunity by prosecutors in exchange for his testimony against Johnson. Whitfield said he was with Johnson inside of a stolen vehicle on the night of the incident at Circle K gas station in New Lenox.
The stolen vehicle arrived after Baird had stopped by the Circle K to fill up the tank in his vehicle. Baird was confronted by a passenger from the stolen vehicle who then shot Baird in the back with a hollow point bullet.
Rabenda said Whitfield was asked on the witness stand who shot Baird.
“He said unequivocally Kevin Johnson,” Rabenda said.
Rabenda also noted there were recorded statements from Johnson after he was taken into custody where he complained he was “snitched on” and he called Whitfield a “rat.”
In one recorded statement, Johnson threatened to “beat the [expletive]” out of Whitfield, Rabenda said. Johnson was also captured on audio threatening and harassing other witnesses in the case, she said.
Johnson’s attorneys with the Will County Public Defender’s Office planned to call an alibi witness during the trial but declined to do so after Whitfield testified.
Johnson also declined to testify in his defense.
Video from the Circle K gas station showed the shooter had a distinctive clothing and a “unique walk,” according to Rabenda. Video of Johnson obtained from Midlothian, Glenwood and Dolton showed him with the same clothes and walking in the same manner, she said.
Assistant Public Defender Samantha Kerins argued prosecutors were jumping to conclusions.
Kerins said prosecutors were making the evidence “fit their narrative” and there was a lack of gunshot residue evidence tying Johnson to Baird’s murder.
Kerins said the cigarette butt found inside the stolen vehicle with Johnson’s DNA is a “movable piece of evidence” and DNA has no time frame. She said the prosecutors were making an assumption that Johnson was at the scene of the shooting based on that evidence.
Kerins said Whitfield lied to the police about the incident and he was giving them what they wanted to save himself.
Vukmir said Whitfield’s testimony during the trial could not be ignored because it was almost identical to what he told police five years ago and it corroborates the evidence gathered by police in the case.