Joliet gang murder: Do prosecutors think man was shooter or accomplice?

JOLIET – A Joliet man wants to know if prosecutors will identify him as the shooter or an accomplice at his murder trial.

Ray Robinson Jr., 23, is charged in the June 16, 2013 slaying of Adrian Resendiz in an alley between Hobbs and Baker avenues in Joliet. Robinson, Resendiz and Zeeshan Rashid, 22, are all associated with a street gang, according to police, and were together the night before Resendiz was killed.

"We're currently under the assumption the state's theory is [Robinson] was the principal in the death of Resendiz," defense attorney Eric Mitchell said at a hearing Thursday. "What we are fearful of is, if at some point [in trial] the prosecution's theory may change and they may say he's the accomplice, it would be very prejudicial."

If witness testimony shows Rashid was actually the one to shoot Resendiz, Robinson would still face murder charges under a "theory of accountability" for aiding and abetting the actions that led to his death.

"The grand jury heard the defendant directed the victim to the area where the homicide occurred. He knew it was going to take place," Will County assistant state's attorney Chris Koch said. "[The evidence] goes to him being with another individual and walking behind a building [for the killing]."

Rashid is serving a 17-year prison sentence for aggravated battery with a firearm, burglary and attempted armed robbery. He was not charged in the Resendiz case.

Mitchell said Rashid told detectives at different times he'd shot Resendiz first and Robinson had finished him off; Robinson hadn't been there and he'd killed Resendiz; and Robinson had been the only shooter.

"The fact we're having [this hearing] shows you're aware the state could use the theory of accountability. I don't think [someone else] has to be charged for them to do so," Judge Dave Carlson said.