PRESS RELEASE

SPLIT VERDICT IN MURDER CASE

WHEATON – DuPage County State’s Attorney Joe Birkett announced today that Judge Perry Thompson found Miguel Brito, Jr. (dob: 1/14/88) not guilty of first degree murder in connection with the gang shooting of 18 year-old Jesus Campos on October 3, 2004.  Judge Thompson did find Brito guilty of two uncharged lesser included offenses; aggravated discharge of a firearm and armed violence.

            State’s Attorney Birkett expressed his strong disagreement with Judge Thompson’s decision.  “This was a clear case.  There were eyewitnesses and a videotaped confession,” said Birkett.  “Judge Thompson’s ruling simply defies logic legally and factually.  The evidence established that this defendant, a gang member, armed himself with a firearm for the purpose of “protection” because he was going into rival gang territory.  He stuck his weapon out of the window of his car and fired it at least three times in the direction of eight to ten rival gang members, striking and killing Jesus Campos.  The defendant then got rid of the weapon.”  When first interviewed by the police, Brito denied any and all involvement.  When confronted with the statements of the driver and fellow gang members, Brito confessed.

            Assistant State’s Attorneys Robert Berlin and Steve Knight argued forcefully that the knowing discharge of a firearm in the direction of other human beings in and of itself is sufficient to establish guilt beyond a reasonable doubt of first degree murder under either an “intent to kill” theory or “strong probability of death or great bodily harm” theory.   This has been the law in Illinois for decades.  State’s Attorney Birkett also expressed concern over Judge Thompson’s reference to a legal burden that was ruled obsolete and inapplicable by the Illinois Supreme Court twenty years ago.  In his ruling Judge Thompson  referred to the State having a burden of excluding or rebutting every theory of innocence.  Birkett said such a burden no longer exists and even when it was applicable, it only applied to cases which were purely circumstantial.  “This was not such a case, we had eyewitnesses and a confession,” remarked Birkett.

            Two other major areas concerned Birkett.  First, because he was 16 years-old at the time he killed Jesus Campos, Brito may be sentenced under the Juvenile Court Act because the offenses of aggravated discharge and armed violence are not automatic adult transfer cases.  Birkett’s office will file a motion to have Brito sentenced as an adult. Second, because aggravated discharge of a firearm includes possession of a firearm the conviction for armed violence may represent an unconstitutional double enhancement.  Despite the problems with the armed violence verdict, Birkett said his office could seek an extended sentence because Judge Thompson did find that Brito is a member of an organized street gang. 

            Birkett expressed his regrets to the Campos family and thanked them for their support of the prosecution and the police.  Birkett also praised members of the Addison Police Department and Assistant State’s Attorneys Berlin and Knight for their excellent work.

            The case will be in court on Friday, July 28 to file a motion to keep the case in adult court, as well as a motion for a hearing requesting extended term sentencing.

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