A Marine veteran went to work out at the gym after he shot and killed a man who was acting "erratically" in a busy intersection in Chicago's Lincoln Park neighborhood, court documents revealed Friday.
The shooting occurred just before 4 p.m. on Nov. 27 near the heavily-trafficked intersection of North Clark Street and West Fullerton Avenue.
A probable cause affidavit laid out what prosecutors said was a "brazen homicide in the afternoon hours on a busy city street” as 35-year-old John Conway, who possessed a valid concealed carry permit, fatally shot 34-year-old Wheaton resident Alexander Nesteruk.
Conway was charged with first-degree murder after surrendering to law enforcement.
Here's a breakdown of the case, including what prosecutors said happened, what was recovered in the alleged gunman's home and a judge's ruling on the suspect's detention status.
Here's what transpired, according to prosecutors
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.
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"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.
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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.
"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.
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."
What happened after the shooting?
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. Following the shooting, Chicago police circulated a bulletin through media outlets, seeking to identify the alleged gunman.
Police were contacted by several witnesses who recognized him from area businesses and the building he resides at, authorities said. Conway then turned himself in to authorities on Dec. 4.
What was found in the alleged gunman's house?
Prosecutors said police later executed a search warrant discovered several weapons in Conway's home, along with ammunition, night vision goggles, body armor and more. A revolver matching the same brand and model identified on video was recovered, along with three additional types of handguns and a sniper-type rifle with a scope and bi-pod stand, prosecutors stated.
Also confiscated by authorities was ammunition, a cell phone jammer and a map of a neighborhood in the city with X’s marking locations, according to court documents.
"Within that neighborhood, a map of Illinois with several colleges circled, as well as a written document with derogatory language and a separate multi-paged plan to harm an unrelated individual at a specific event with notes detailing escape routes," prosecutors said.
Details on alleged shooter's background
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.”
Detention status ruling
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.
