Metro Enforcement security guards charged with murder will go to trial after dismissal attempts fail
ROCKFORD IL Sept 1 2018 — A second attempt to have murder charges against two Metro Enforcement security guards dismissed failed Thursday, and they will go to trial.
Judge John Lowry ruled in a Winnebago County courtroom that prosecutors had not denied Ryan B. Mattingly, 29, and Alijon H. Khalil, 30, due process during December grand jury proceedings in the shooting death of Valentia Jovan Fresco, 34, on April 16, 2016.
Defense attorneys had argued that prosecutors intentionally misled jurors and withheld facts in an effort to secure indictments. Last year, Lowry ruled that prosecutors in the first grand jury convened in the case did present “inaccurate, misleading and improper conclusions.”
Christopher DeRango, who represents Mattingly, told the Register Star he was “disappointed” in Lowry’s ruling Thursday. He said “the state’s obligation in grand jury presentations are minimal.” And he said the information prosecutors presented to the grand jury was “an extremely distorted version of the facts. … These men did what they did because they feared for their lives.”
Both men are charged in Fresco’s death, though Mattingly pulled the trigger. They were patrolling the Auburn Manor property when they tried to stop Fresco because they didn’t recognize him. He walked away when they asked him for identification. Shots had been fired in the area shortly before they saw Fresco. The guards said Fresco had two guns, though prosecutors have said there is no evidence that Fresco pointed a gun at anyone.
About 50 supporters of Mattingly and Khalil and 10 family members and friends of Fresco were present in the courtroom. The guards are on administrative leave from Metro.
DeRango said he plans to ask the judge to separate Mattingly’s trial from Khalil’s. Marilyn Hite Ross, chief of the criminal bureau for the state’s attorney’s office, said she will ask the court to consider increasing Khalil’s bond. The state has said Khalil allegedly violated curfew conditions of his bond. Chrissie Lee, assistant public defender representing Khalil, declined to comment after the ruling.
The next court appearance for Khalil and Mattingly will be Sept. 14. A trial date has not been set.
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