Appellate Court upholds McHenry Kenny Smith murder conviction

WOODSTOCK – The Illinois Appellate Court upheld a murder conviction for a man tried and convicted three times of murdering a McHenry business owner.

Three times separate McHenry County juries found Kenneth E. Smith guilty of the 2001 murder of Raul Briseño. Twice the Appellate Court overturned the convictions. But in an opinion issued May 29, the Illinois Appellate Court affirmed the most recent 2012 conviction. With each guilty verdict, first in 2003 and again in 2008, Smith was sentenced to 67 years in prison. Smith was again found guilty in 2012, more than a decade after Briseño’s murder. He was again sentenced to 67 years. In 2001, Briseño was murdered in what prosecutors called a botched robbery attempt. He owned the former Burrito Express on Route 120 in McHenry and was shot after he chased two men out of the restaurant with a knife.

Smith accomplices are serving or have served prison sentences for their involvement.

Justin Houghtaling is the man who prosecutors said entered Burrito Express with Smith. Houghtaling accepted a 20-year plea deal, but when he took the stand in Smith’s last trial he denied any involvement, despite having previously confessed to police in an police interview.

The getaway driver, Jennifer McMullan was convicted after a trial and is serving a 27-year sentence. David Collett who pleaded guilty to attempted aggravated robbery and was sentenced to five years, also has since denied any role in the Burrito Express incident.