Alleged Walmart Shooter Fired Gun After Victim Ran Over His Brother: COURT

BEDFORD PARK, IL — An attorney for a Chicago man accused of firing a gun at another man in a Walmart parking lot said his client was trying to protect his brother from being run over by the alleged victim.

Xavier Hernandez, 24, appeared before Cook County Judge Donald Havis on a charge of aggravated unlawful use of a loaded firearm. Hernandez had a valid FOID card but did not have a conceal carry permit valid in Illinois.

The prosecutor said that Hernandez and his family were on their way to the Bedford Park Walmart at 7050 S. Cicero Ave. around 12:30 p.m. March 13, when he and the alleged victim got into a road rage incident.

>>> Victim in Bedford Park Walmart Shooting Had 'No Gang Affiliation': Brother

The alleged victim, identified in news reports as a 19-year-old man, followed Hernandez into the parking lot. Hernandez had his wife, child and brother in the car. When Hernandez’s brother got out of the car, the 19-year-old drove into the brother, who ended up on the hood of the 19-year-old’s vehicle, the prosecutor said.

The other driver backed up, causing Hernandez’s brother to fall off the hood. The prosecutor said that Hernandez got out of his own car and fired two to three shots, reportedly hitting the other driver in the face.

The alleged victim was able to identify Hernandez as the shooter, the prosecutor said. Bedford Park police recovered shell casings and a loaded 9mm gun in Hernandez’s vehicle, according to the charges.

The prosecutor also said the victim identified Hernandez as the shooter. Security cameras in the Walmart parking lot are also said to have captured the shooting.

Hernandez has a valid Illinois FOID card but his conceal carry permit from the state of Utah did not carry over to Illinois.

Hernandez’s attorney, Ricardo Sotorrio, told the judge that the alleged victim had been following Hernandez and his family through the traffic flashing gang signs. When they pulled into the parking lot, Hernandez’s brother got out of the car when the victim allegedly drove at him.

According to the brother, the alleged victim was pointing a gun at him while he was laying on the hood. Hernandez got out of his car and fired shots the victim in defense of his brother. Hernandez’s wife called 911.

“He is not a gang member or drug user,” Sotorrio said of his client. “He can’t work due to an industrial accident.”

Sotorrio said his client was only charged with aggravated unlawful use of a loaded firearm because he did not have a valid Illinois conceal carry permit.

“I have a problem with the mere fact a gun is pulled out and shots are fired,” Havis said. “I can’t condone that.”

Hernandez has no criminal past. A pre-trial assessment deemed him no public safety threat and recommended his release on an I-bond.

Bail was set at $200,000. Hernandez is due back in court April 6 in Bridgeview.

After the bond hearing, Sotorrio met with Hernandez’s family. Sotorrio accused the alleged victim of also reaching outside his car window and firing a shot.

“[The victim] was following behind my client and his family in the parking lot flashing gang signs,” the attorney said. “They were taking his brother to a job interview at Walmart and buying diapers.”

Sotorrio also alleged that while Hernandez’s brother was splayed on the hood of the 19-year-old’s car, he was pointing a gun at his client’s brother.

“He hasn’t been charged with aggravated battery or attempted murder,” Sotorrio said. “Just unlawful use of a firearm. The $200,000 bail is outrageous.”