As the man accused of killing Chicago Police Officer Luis Huesca appeared in court Friday, prosecutors detailed what they say happened in the moments before and after the fatal shooting.
Xavier Tate Jr., 22, appeared in court Friday on charges of first-degree murder, aggravated vehicular hijacking and possession of a stolen firearm.
There, prosecutors offered an elaborate timeline of where Tate was in the moments before, during and after Huesca was murdered.
Before Huesca's Murder
According to prosecutors, Tate was captured on surveillance video in the hours before the murder walking around the city's 8th District. There, he went to a convenience store in the 3000 block of West 63rd Street, wearing what they described as a "distinguishing outfit," which included a black Guess jacket with a white Guess logo on the sleeve, a dark grey hoody and black Nike shoes with white and blue detail. He was also carrying a black backpack and another grey jacket.
At the store, Tate used his mother's bank card to purchase a pack of gum.
About an hour and a half later, he was spotted in the same outfit in the 5800 block of South Sawyer, where a resident witnessed him change his clothing. The resident thought the scene was supicious and went outside and took a photo at the time, prosecutors said. In the photo, the same man is seen now wearing "distinguishing Burberry shoes" instead of the Nike shoes and the grey jacket he was carrying was being pulled over his head.
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By midnight on April 21, Tate entered another convenience store at 2801 W. 59th Street wearing the new outfit. He again used his mother's bank card to purchase a bottle of water.
Over the next two hours, prosecutors said video from multiple surveillance cameras captured Tate "walking around" the district once again before entering a Walgreens at 5424 S. Kedzie to purchase a "Nice" bottle of water using his mother's card. Minutes later, he is seen leaving the store and walking two blocks toward Huesca's home.
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Time of the Murder
Just before 3 a.m., Huesca was captured driving past Tate and turning onto 56th Street before parking his Toyota in his driveway. Prosecutors said Tate was seen following Huesca's vehicle and approaching the officer on the driver's side of the car.
That's when 10 shots were fired at Huesca, striking him in the head, chest, arms and thighs, prosecutors said.
"A neighbor in the area heard gunfire and looked out his window to see [Huesca] lying on the ground next to the vehicle. The neighbor then observed one male offender wearing a grey top and black pants, standing at the [Huesca's] feet," a proffer read in court stated. "The neighbor then observed [Tate] get into the driver’s seat of the Toyota and flee the scene."
As police responded to a ShotSpotter alert at the location, they found Huesca's body.
A six-year veteran of the force, Huesca had just gotten off a shift and was heading home in uniform when the shooting occurred. His Toyota SUV and his weapon were stolen following the shooting, authorities said.
At the scene, 10 .40-caliber shell casings were recovered and a ballistics analysis showed all 10 came from the same firearm. DNA evidence from the shell casings showed Tate's DNA was present, prosecutors and police said.
After Huesca's Death
According to the proffer, Tate was seen on multiple surveillance cameras fleeing in the Toyota vehicle in the minutes following the shooting. He was seen driving toward a secluded alley, where the car was abandoned several minutes after the murder.
Video showed Tate "arriving, parking and milling around the vehicle for a few minutes before walking toward Mozart," the proffer said, noting that hand sanitizer and a can of disinfectant wipes were later found inside the vehicle.
Less than eight minutes after the shooting, Tate was seen exiting the alley with his backpack and a jacket in his hand, where he then paces back and forth, triggering a motion-sensored camera that showed his clothing begin to change, prosecutors said.
"As the motion activated video stops and starts, the [Tate's] clothing begins to change. [Tate] is no longer wearing the light grey pullover jacket, and his Burberry shoes have been replaced by the distinguishing Nike’s from earlier in the evening," the proffer stated. "[Tate] is captured rummaging through a black backpack. When the motion activation times out and restarts again minutes later, a 'Nice' water bottle is left where [Tate] had been captured bending down. Police later recovered the 'Nice' water bottle, the same brand [Tate] had purchased with his mother’s EBT card seven minutes before the murder."
It was that bottle that served as a break in the case for police.
"After locating video of Tate in the area of the shooting, detectives traced his movements back to a business where he purchased a bottle of water using a relative's bank card," Chief of Detectives Antoinette Ursitti said in a press conference. "Detectives identified Tate through the relative who allowed Tate to use the bank card."
Some of the clothing items Tate was seen wearing earlier that night were recovered from a garbage can in the 5600 block of South Mozart.
Tate was seen later stealing a bicycle from a yard in the area. Video showed him throwing the bicycle over a fence and into an alley, the same fence where a palm print was later discovered by police.
Multiple cameras captured Tate ride a bike to his cousin's home in the 5500 block of Morgan Street. There, police say the stolen bicycle was found in a gangway.
Prosecutors said Tate ultimately ordered an Uber from his cousin's home to the 10800 block of South Hale.
Five days later, police recovered Huesca's gun from Tate's "friend," Caschaus Tate, who was ultimately charged with aggravated unlawful use of a weapon. That same day, an arrest warrant was issue for Xavier Tate.
Police said between April 21 and May 2, they learned Tate traveled to Wisconsin, Iowa and Rockford, illinois, before he was ultimately arrested at an apartment complex in Glendale Heights on Wednesday.
According to police, Tate was taken into custody without incident Wednesday evening at the Ellyn Crossing apartments.
Two law enforcement sources told NBC Chicago that Tate had been hiding in an apartment unit in the complex, underneath the kitchen sink.
According to sources, Tate said "please don't hurt me," when officers found him.
"This past week has been unimaginable for the family of Officer Huesca. Amidst their grief, they faced the additional burden of knowing his killer was still free," Chicago Police Supt. Larry Snelling said Friday. "That changed on Wednesday night. Following a multi-state manhunt, CPD and the U.S. Marshal Great Lakes Regional Fugitive Task Force tracked Tate to the apartment in Glendale Heights, Illinois. And Luis was with them. Tate was taken into custody using Luis' handcuffs."
The person housing Tate at the time of his arrest was also charged in DuPage County for concealing and aiding a fugitive, police said.
Tate was ordered held without bail in court Friday.
