DeKalb man convicted of murder in ’90s found guilty of shooting gun outside Marengo restaurant

A McHenry County judge ruled Tuesday that a man who was convicted of murder years ago is guilty of firing a gun into the air three times outside a Marengo restaurant last year.

Judge Mark Gerhardt found Rudy A. Villarreal Jr., 50, of DeKalb guilty of using a firearm as a felon and reckless discharge of a firearm. The judge found Villarreal not guilty of violating an order of protection.

Marengo police and county prosecutors said that about 11 p.m. June 2, 2023, Villarreal – who had an order of protection filed against him by a woman after a domestic battery incident only days before – went with another woman to a restaurant in Marengo. He knew the first woman would be at the restaurant, which was “just a stone’s throw” from where she lived, and is a place they frequented together, Assistant State’s Attorney William Bruce said.

Bruce named several other restaurants in the area that he and the second woman could have gone that night, but Villarreal knew the first woman would be there, and he knew she was “a jealous person.”

As Villarreal left the restaurant out the back door through which they had entered, at least three witnesses testified Aug. 13, the first day of the bench trial, that they saw an altercation between the couple and the woman. Two testified to seeing Villarreal shoot a gun three times into the air. The third witness said he saw Villarreal pull out a gun; the witness said he went back into the restaurant but heard the gun go off.

Prosecutors played a 911 call in court Tuesday in which a woman is heard describing and identifying Villarreal by name and saying that he fired the gun into the air and ran off. Police testified that they found three spent shell casings in the area where Villarreal is accused of shooting the gun.

The woman with the protection order against Villarreal initially told police that Villarreal lifted his shirt and showed her a gun and before shooting it into the air. But when she took the stand Aug. 13, she said she was facing her back to him and did not see him with the gun or see him shoot it and only heard a loud sound. She described her original statement as “intoxicated words.”

Defense attorneys and Villarreal, who took the stand Tuesday, said he went to the restaurant with the second woman, who had traveled from Missouri earlier that day to see him, because she was hungry. He said he did not think the other woman would be there. Knowing he had an order of protection against him, Villarreal said that when he saw the woman, he quickly turned around to leave.

He said the woman and three others followed him and the woman from Missouri. The woman with the protection order, who Villarreal said was “very drunk,” came at him and “went crazy.” She then became physical with he woman Villarreal was with, he testified. Villarreal said he stood between the women to stop the woman he was with from being attacked. Villarreal denied possessing or shooting a gun and said he did not hear or see anyone else with a gun.

When questioned by Bruce, Villarreal said, “I definitely did not have a gun, sir.”

Villarreal also said he did not see the three witnesses who testified for the state Aug. 13 outside during the incident.

The woman Villarreal went to the restaurant with also took the stand. Prosecutors initially said that she heard gunshots as she ran to her car, but during the trial, she said there was loud music playing and she did not hear gunshots.

In closing arguments, Assistant State’s Attorney Maria Marek noted the credibility of the witnesses who said they saw Villarreal shoot the gun and the changing stories provided by the two women.

In arguing that Villarreal should be found not guilty, Assistant Public Defender Richard Behof noted the poor lighting in the area where the incident occurred and the lack of any video evidence. He said those present were drinking alcohol and, although there may be three witnesses who testified seeing him shoot the gun, there are three who said he did not.

There also is no way to tell when the shell casings that were found were fired, Behof said, adding there has been no gun found.

Villarreal was convicted of murder in Cook County in 1995, prosecutors and Elgin police have said.

On Oct. 23, 1993, Villarreal shot and killed another man outside a bar in Elgin, the Chicago Tribune reported at the time of his sentencing. He was convicted and sentenced to 50 years in prison but released in 2018, a spokesperson for the Illinois Department of Corrections said.

Gerhardt, who said he did not consider Villarreal’s past conviction in making his ruling, revoked Villarreal’s pretrial release Tuesday and set sentencing for Oct. 11.