Corrections Officer Shot Nightclub Shooting Victim In Back: Prosecutors

NILES, IL — A Cook County Department of Corrections officer is accused of first-degree murder following a weekend nightclub shooting in Niles. Alan J. Kettina, 25, of Salem Walk in Northbrook, was arrested following the death of a Niles man in the parking lot of the Miraj Restaurant nightclub and lounge.

Mark Asber, 22, was pronounced dead at Lutheran General Hospital in Park Ridge following the incident, according to the Cook County Medical Examiner's Office. Niles police found Asber lying in the parking lot at 8801 N. Milwaukee Ave. at around 1:03 a.m.

Police said Asber had at least one gunshot wound, and officers immediately began lifesaving measures before taking him to the hospital.

An investigation revealed that a dispute occurred between Asber and Kettina prior to the incident. Police said the two were acquaintances. They also believe the incident was isolated, with no threat to the community.

Kettina, who was hired by the Cook County Department of Corrections in November 2021, was de-deputized following the incident, reports WBBM-TV.

RELATED: Northbrook Man Taken Into Custody After Niles Nightclub Death

Bond for Kettina was set at $400,000 Tuesday at Skokie Courthouse by Associate Judge Anthony John Calabrese. Kettina, who would need to post $40,000 to be released, is due back in court on June 1. As of Tuesday night, Kettina was still behind bars at the Cook County Jail.

Kettina is being represented by private lawyers Ilia Usharovich and Sheldon Sorosky.

Jennifer Ravin, representing the Cook County Assistant State's Attorney office, asked that no bail be granted for Kettina, stating a life sentence may be imposed if convicted due to the nature of the crime. Calabrese questioned the prosecution's intention of seeking a life sentence in this case.

According to the proffer, Kettina is a regular patron at Miraj and Asber had been employed as a busboy at the restaurant for the last two months. Ravin said on the night prior to the incident, Kettina and a friend arrived at Miraj at around 8:30 p.m. The two left the restaurant at around 10 p.m., went to a bar in Chicago, before returning to Miraj before midnight.

Ravin said about an hour later, Kettina and Asber went outside and got into Kettina's vehicle, a white Jeep Compass. They then drove around the area for two minutes before parking next to a swimming pool business. According to prosecutors, both men then exited the car.

She said video surveillance captures the car being parked and the subsequent shooting. According to Ravin, Kettina pulled a pistol, later identified by police as a Glock 17, out of the driver's compartment of the car and fired four shots at Asber, who had his back turned and was about four parking spaces away. The prosecution said Kettina fired his firearm four times within five seconds before he reentered the driver's side of his Jeep and drove away.

"The victim began running down the alley as he approached Miraj, turned the corner and collapsed," Ravin said.

Patrons at Miraj attempted to assist Asber. About two minutes later, according to the proffer, Kettina returned to the restaurant's parking lot and began to administer CPR to Asber. Soon thereafter, police arrived and took Asber to Lutheran General Hospital.

"The autopsy indicated that a bullet entered the left side of the victim's back, traveled into the victim's left lung, heart and right lung before it exited the victim's right chest," said Ravin, who added that four expended shell casings were recovered at the scene.

According to the proffer, Asber was not armed. Ravin said Kettina admitted to police he shot Asber with his back turned, which he said made him an "easy target" and that he took advantage of this. Ravin said only one of the four bullets shot struck Asber.

When Calabrese pressed Ravin about a possible motive in the case, she referred to the entire incident being on video surveillance and didn't provide one. She instead mentioned what she called "self-serving" statements made by Kettina.

"The defendant indicated that there was discussion about the victim threatening the defendant's family, and that he knew where he lived, and other instances which involved the victim wanting the defendant to smuggle contraband into Cook County Jail," Ravin said.

Usharovich also mentioned this to Calabrese, stating that he and his co-counsel had learned that, according to Kettina, Asber allegedly was intimidating him to bring contraband into the jail.

"Prior to the shooting, there was this intimidation. There's reasonable belief that given that, there could've been some defenses relating to use of force for an officer or use of force to stop the forceful commission of a felony," Usharovich said. "In essence, he was threatened to bring contraband into the jail, and when he refused to, our understanding is that his family, which is he and his mother, were threatened."

Usharovich argued that due to these aspects of the case, along with his client "having no prior criminal history," the potential for lessening the charge to a second-degree murder could be on the table.

"We would say any time someone is to be held with no bail, the spirit of the law and the requirement is that the state must file a petition and give him an actual chance short of a full-blown trial by clear and convincing evidence," Usharovich said referring to the prosecution's ask of no bail, specifically regarding the potential for a life sentence.

Calabrese, with no objection from the defense lawyers, granted the prosecution's request that if Kettina posts bond, he would turn in his expired passport, any firearms to police, and not make contact with any witnesses or employees at Miraj Restaurant.

At the conclusion of the proceeding, in a move that Calabrese hinted caught him off-guard, Sorosky requested that if his client posts bond, Kettina would be required to have electronic monitoring "to ensure the safety of the community that everyone know where he is."

"Whose side are you on? You're on the defense's side, right? Just checking," Calabrese said to Sorosky.