A judge on Monday ruled that the case against the father of the Highland Park shooter can continue, overriding his attorneys’ arguments that he can’t be held culpable for his son killing seven and injuring a dozen more during a July Fourth parade in 2022.
Lake County Associate Judge George Strickland denied a motion by attorneys for 58-year-old Robert Crimo Jr. to dismiss the indictment against him, as his attorneys had requested.
Crimo Jr. was indicted by a grand jury in February on seven counts of reckless conduct, one for each person his son killed in attack, after sponsoring the 19-year-old’s firearm Owners Identification (FOID) application, which allowed him to to purchase the AR-15-style weapon used in the shooting.
Prosecutors have pointed out that by signing that document, Crimo Jr. agreed to be “liable for any damages resulting from the minor applicant’s use of firearms or firearm ammunition.”
But Crimo Jr.’s lawyers have argued the judge should throw out the charges against him because he signed off on his son’s purchase years before the shooting and that the reckless conduct law he is being charged under is too vague and that he was exercising his right to free speech by signing the application.
Judge Strickland rejected those claims on Monday, noting that while the state will have to prove Crimo Jr.’s actions were reckless, the reckless conduct statute itself does not prohibit legal conduct and is therefore not overly broad.
The judge also ruled that Crimo Jr. can still face the charges despite signing his son’s application in December 2019, arguing that the statute of limitations are valid through July 4, 2025 — three years from the date of the mass shooting.
“Parents who help their kids get weapons of war are morally and legally responsible when those kids hurt others with those weapons,” Lake County State’s Attorney Eric Rinehart said at the time of the grand jury’s indictment.
Crimo Jr.’s trial for reckless misconduct is set for Nov. 6, and the judge on Monday set the next court date for Oct. 30. The trial for his son, who was indicted on 117 felony counts and has pled not guilty to all charges against him, does not have a date set yet.
Crimo Jr., a former Highland Park mayoral candidate who has voiced his support for the Second Amendment, faces up to a three-year sentence if convicted.
His son, the shooter, was 21-years-old when he allegedly climbed on top of a Highland Park building overlooking a July Fourth parade route and opened fire on the spectators lining the street. Police said he planned the attack for weeks and wore women’s clothing to obscure his facial tattoos and blend into the crowd during his escape.
He had a history of posting violent social media content featuring imagery of mass shootings.
Authorities said the shooter confessed to the attack and also considered carrying out another one in Wisconsin.
The judge on Monday also said he will allow a live television camera in the courtroom throughout the proceedings but that he may prevent the recording of certain evidence or testimony that could be prejudicial towards the shooter’s case.
The seven people killed in the shooting were Katherine Goldstein, 64; Irina McCarthy, 35; Kevin McCarthy, 37; Jacquelyn Sundheim, 63; Stephen Straus, 88; Nicolas Toledo-Zaragoza, 78; and Eduardo Uvaldo, 69. A dozen other people were also injured.
This is a developing story. Please check back for updates.
Source: | This article originally belongs to Nbcnews.com
