A Chicago gang member was found guilty Monday of shooting a U.S. Alcohol, Tobacco, Firearms and Explosives agent in May 2018.
Ernesto Godinez mistook agent Kevin Crump as a rival street gang member, federal prosecutors said.
Assistant U.S. Attorney Kavitha Babu said surveillance video shows 29-year-old Ernesto Godinez leaving his home minutes before the attack. She said Godinez later fired five rounds from a gangway and ran back to his home. Godinez was arrested three days after the shooting.
In his opening remarks, defense attorney Lawrence Hyman said while Godinez is in a gang, no direct evidence links him to the agent's shooting.
Attorneys said Crump and other agents were installing tracking devices on cars belonging to suspected gang members when he was shot in the face.
Prosecutors asked the jury on Monday to look at a timeline built from video tape and shot-spotter audio that they said makes it clear that Godinez was the shooter.
Eichenseer said Godinez told a friend after the shooting that he felt good he had shot what he thought was a rival gang member.
But the attorney for Godinez insists there is reasonable doubt because the gun used in the crime has not been recovered.
On Friday, Crump testified to a courtroom packed with ATF agents, telling the jury he has a titanium plate in his face because the bullet pierced the side of his neck and came out between his eyes.
Godinez’ attorney insists his client is not the person who fired that shot.