A Marine veteran with a concealed carry permit shot and killed a man who was acting “erratically” in a busy Chicago intersection, then walked away and went to work out at the gym, prosecutors said in court Friday. NBC Chicago’s Vi Nguyen reports.
A Marine veteran with a concealed carry permit shot and killed a man who was acting "erratically" in a busy Chicago intersection, then walked away and went to work out at the gym, prosecutors said in court Friday.
During a detention hearing, prosecutors laid out what they said was a "brazen homicide in the afternoon hours on a busy city street” as 35-year-old John Conway fatally shot 34-year-old Wheaton resident Alexander Nesteruk.
The shooting occurred just before 4 p.m. on Nov. 27 near the heavily-trafficked intersection of North Clark Street and West Fullerton Avenue.
According to authorities, Nesteruk had been previously seen acting disruptive in Lincoln Park streets and was removed from the area by police. By the mid-afternoon hours, however, he returned and witnesses reported he began threatening passersby and a nearby business, prosecutors noted.
"He's jumping in the middle of traffic, hitting cars, punching cars," witness Aileen Nieves told NBC Chicago.
Conway, who lived a few blocks away from the shooting, was walking along Clark Street near Fullerton Avenue when he was approached by Nesteruk, officials said. Nesteruk was doing what was described as an "air kick," though he did not touch Conway at the time, prosecutors said.
Conway's defense attorneys added that he told Nesteruk to leave him alone before both of them came to a stop at the busy intersection.
Local
"A full sidewalk square separated the [Nesteruk] and [Conway], at which time [Conway] drew a handgun from his right pocket," a proffer read in court stated.
Conway, who had a concealed carry permit and a FOID card, then fired a single shot at Nesteruk, whose hands were empty at his sides at the time, prosecutors said, citing video of the shooting. Nesteruk was shot in the chest, with the bullet also going through a nearby business' window.
Feeling out of the loop? We'll catch you up on the Chicago news you need to know. Sign up for the weekly> Chicago Catch-Up newsletter.
That's when prosecutors say Conway "paused for a few seconds and watched as [Nesteruk] stumbled away and then collapsed to the ground." Conway was then seen "calmly turning around and walking at a steady pace south down Clark Street."
Surveillance video later tracked Conway to a nearby gym, where he was seen leaving about an hour after the shooting, prosecutors said.
Nesteruk was transported to an area hospital in critical condition, but died six days after the shooting.
Conway, who is now charged with first-degree murder, turned himself in to authorities earlier this week after police released images of him and multiple people identified him.
Prosecutors said police later discovered several weapons in Conway's home, along with ammunition, night vision goggles, body armor and more.
Conway, who served in the Marines for four years before being honorably discharged in 2012, "neutralized a threat" and has no criminal background, defenders argued in court. But prosecutors said he “executed an individual on the street without hesitation walked away as if nothing occurred.”
A judge ultimately ordered Conway detained, saying he put the community at risk and citing his "calmness" as he walked away from the shooting scene.
"The fact that you shot this person on the street and walked away, went to the gym and worked out, didn’t call police to make any effort to see if this man is okay heightened the risk," the judge told Conway while ordering him held.
Conway is scheduled to appear in court again on Dec. 26.
