Details of alleged battery could be heard at trial of Marengo convicted killer charged with shooting gun

Details of an alleged aggravated battery could be heard at the trial of a man accused of firing a gun outside a Marengo restaurant in June.

Authorities allege that Rudy A. Villarreal Jr., 49, was in violation of an order of protection at the time stemming from battery charges filed against him about a week earlier. The woman he’s accused of battering, and who took out of the order of protection, was in the restaurant when Villareal allegedly fired the weapon, according to officials and court records.

Villarreal, of Marengo, is charged with armed violence, harassment of a witness, unlawful possession of weapons by a felon, aggravated unlawful use of a weapon, reckless discharge of a firearm and violation of an order of protection, according to a motion filed in McHenry County court.

Villarreal also was charged with possessing a firearm as a felon, reckless discharge of a firearm, unlawful use of a weapon, possessing a firearm in a liquor establishment and violating an order of protection, according to the complaint.

Assistant State’s Attorney Brian Miller filed a motion seeking to present evidence of “prior criminality” to establish the woman as a witness and alleged victim at trial.

Villarreal is accused of arguing with the woman outside the restaurant on June 2, 2023. This put him in violation of an order of protection against him, and police allege Villarreal knew she would be there, the motion said. According to court records, Villarreal allegedly pulled a gun from his waist and shot it into the air three times during the argument, court records say.

The protective order was in place in connection with the alleged battery on May 27. In that case, Villarreal is accused of striking the woman and putting his hands on her neck, according to court testimony.

Villarreal’s attorney, Assistant Public Defender Richard Behof, said at a recent hearing that when Villarreal realized the woman was in the restaurant, he “tried to vacate the premises,” and the woman “began to attack not only” Villarreal but a woman who was with him, according to court testimony.

The woman who request the protective order also provided a written statement saying that Villarreal “had been making accusations against her and communicating with her since she got the order of protection. She also wrote that a friend was making threats to her and intimidating her,” according to the prosecutor’s motion.

The woman also said she had been a witness to a shooting and that she has been told she was a “rat” and that her “time was coming,” the motion said. It was unclear Thursday what shooting the motion was referring to.

This matter will be part of the arguments to be heard Monday, Miller said.

Villarreal was convicted of a 1993 murder in Cook County, according to the complaint and authorities. He was released in 2018 after serving 23 years, a spokesperson for the Illinois Department of Corrections said.

In the pending case, prosecutors also are seeking to have the 911 call from restaurant admitted at trial, the motion said.

Villarreal was arrested about five days after the alleged shooting in Marengo. He had been held on a $300,000 bond, requiring he post $30,000 to be released.

He was arrested before the SAFE-T Act.

When the new law, which ended cash bail in Illinois, took effect in September, Villarreal had the option of seeking his release from jail, with conditions, while awaiting trial.

In September, Judge James Cowlin denied Villarreal’s release, saying he “poses a real and present threat to the safety of persons and the community at large,” according to court transcripts.

Villarreal appealed that decision and after a hearing in December, Judge Mark Gerhardt allowed his release from jail with conditions.

Villarreal was affixed with a GPS monitor and is restricted from having any communication with the alleged victim, the judge’s order said.