left for dead

Left for Dead: NBC 5 sues Chicago police, OEMC for records on unsolved fatal hit-and-run

NBC Universal, Inc.

NBC 5 has filed two lawsuits to obtain records on an unsolved hit-and-run crash after the victim’s daughter says Chicago police have not updated her on the investigation in the 11 months since her father was killed.

Marcelo Lozano was retired but loved to stay active, so he worked part-time at Menard’s, his daughter Ginett Delgado said.

“My father was an amazing man. Very giving, very giving, very supportive,” Delgado said. “He was a jack of all trades. He was an immigrant, worked very hard.”

“Just a very giving person. Pure heart,” she continued. “Didn't ask for anything but if you needed something he was there for you, within a heartbeat. He didn't even question it.”

Lozano was on his way to work in the early morning hours of May 6, 2023, when police say a speeding Mitsubishi ran the red light at North and Kolmar Avenues, hitting Lozano’s Buick.

Lozano was killed. A witness told police that the driver of the Mitsubishi got out of the car after the crash and got into a green sedan, fleeing the scene and leaving his SUV behind, according to the crash report.

Nearly a year later, CPD says the case is still unsolved.

“He never did wrong to nobody. He was a good citizen,” Delgado said. “And you know, he just turned 71 and he had so much life to live. He was so healthy. He was not sick or anything. He still had more time to be on this earth, to be with my mom. And they took that away from us.”

Delgado said she spoke to Chicago police on the day of her father’s funeral. But since then, not once have they reached out or given her any updates on the investigation.

“It's now 11 months later and I have not received not even a phone call, a follow up, any type of status, like what happened with the cameras? Did you see anything?” she asked.

NBC 5 Investigates filed multiple open records requests on this case to find out what evidence police have collected, and what steps they’ve taken - if any - to solve this crime.

Three surveillance videos obtained by NBC 5 appear to show the two vehicles – the Mitsubishi and the green sedan – traveling together before the crash.

But the city’s Office of Emergency Management and Communications did not provide video of the hit-and-run itself, which was specifically noted in the open records request, because it was highlighted in the crash report.

Chicago police also denied requests for their records and emails about the case, citing the ongoing nature of the investigation.

For all those missing pieces, NBC 5 on Wednesday filed two lawsuits in Cook County, one against OEMC and another against CPD, arguing they violated the Freedom of Information Act. When reached for comment, the city’s Department of Law said it does not comment on pending litigation.

“You’re supposed to be helping the people of Chicago, the city, the citizens, help them. Serve and protect and you're not doing that,” Delgado said. “So having to go through this - I shouldn't have to go through it or get outside sources to help me do this. You should do what you're supposed to do. And it's sad, but it has to be done.”

Delgado said she knows nothing will bring her father back. But she said answers and accountability would help bring her family some peace.

“Hopefully with what you're doing for me and my family, this lawsuit, whatever will happen at the end, it will just bring us all closure at the end,” she said.

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