Marin Brothers Sentenced In 2003 Shooting

DuPageCounty State’s Attorney Joseph Birkett announced today that Arturo Marin, dob: 12/15/83 of 701 Gates, West Chicago, Illinois and his brother Delfino Marin, dob: 7/13/81 of 456 George Street, Wood Dale, Illinois were sentenced on charges relating to a shooting incident  that occurred on May 18, 2003 in West Chicago.  Both defendants had entered pleas of guilty to Second Degree Murder in connection with the shooting death of Noe Pena Castaneda of 729 S. Oak Street in West Chicago.  Each defendant also pled guilty to additional counts: Delfino, to aggravated discharge of a firearm, for a shooting that resulted in a shoulder injury to a teenage girl; and Arturo to aggravated battery for striking a rival gang member on the head with a pipe.  In a partial plea agreement, Delfino agreed to a 20 year sentence on Second Degree Murder.  Today, he was sentenced by Judge Michael Burke to a 5 year sentence on the reckless discharge of a firearm charge, which sentence will run consecutive to the 20 year term. Arturo was sentenced by Judge Burke to 12 years on the Second Degree Murder charge and a consecutive sentence of 3 years on the aggravated battery charge.

All charges in this case arose from a gang fight between rival gangs.  The facts demonstrated that on May 18, 2003, the homicide victim, Noe Pena Castenada, was armed with an inoperable .38 caliber revolver, which he brandished during a party at a residence in West Chicago.  The evidence also showed that Arturo Marin had been the victim of a beating at the hands of the rival gang a few weeks before the shooting.  Rather than calling the police to report the gun, Arturo Marin called his brother Delfino and directed him to come to the party with a gun.  Arturo was already armed with a pipe when he arrived at the party.          

Although there were elements of self defense in this case, Birkett argued that by the time Noe was shot he was unarmed and helpless on the basement floor.  Five shots were fired that night and five victims were hit, with one of those victims dying from his wounds.  At last week’s sentencing hearing, State’s Attorney Birkett argued that the guilty pleas entered by the defendants demonstrated that they agreed that their deadly use of force was not justified under the law and was the product of a gang mentality.

“These two defendants, like many gang members, embraced violence that night.  Now they will pay a heavy price.  The law must deter people from arming themselves for the sole purpose of inflicting injury to others,” said State’s Attorney Birkett.