Judge Rejects Lawyer's Request To Sell Accused Murderer's Guns

SKOKIE, IL — A judge rejected a request to release the seized property of the Winnetka man accused of murdering his brother-in-law and attempting to murder his sister in their Northfield home.

John Gately, 67, has been held without bail since his arrest last August after a standoff with a SWAT team outside his apartment in downtown Winnetka. He awaits trial on 80 felony counts related to the fatal shooting of prominent Chicago attorney Stephen Shapiro and the attempted murder of his wife, Gately's sister.

Evanston attorney Kent Heitzinger filed motions in April seeking the release of some of Gately's property in police custody, including five guns and an air rifle, "to be sold for his benefit."

Investigators from the north suburban major crimes task force executed more than half a dozen search warrants for Gately's possessions, including at his apartment and a basement storage unit in the building, his silver Hyundai Tucson, his clothes, iPhone and records from his Facebook and Google accounts.

"[Gately] needs to sell this property to pay bills," argued Heitzinger.

Heitzinger attached a list of firearms recovered from Gately's apartment in the 1000 block of Tower Road — three shotguns, a .22 caliber handgun and a bolt-action rifle with a scope. He asked Circuit Judge Aleksandra Gillespie to release the guns and other property "for the purposes of sale."

Cook County Assistant State's Attorney Andreana Turano responded to Heitzinger in May. She pointed out that Heitzinger "fails to cite any statutory authority supporting this request and fails to sufficiently name the personal property at issue."

The issue of the release of property is usually addressed after the case is no longer pending, either because of the release of a defendant, a successful motion to suppress evidence or after a conviction, according to Turano.

At a July 8 hearing, Gillespie denied Heitzinger's motion to "release evidence for sale." She determined the issue could be raised following the disposition of the case, which is still in the discovery phase.

At Gately's initial court appearance, prosecutors suggested the murder may have been financially motivated.

The day before the shooting, Gately's sisters argued with him after he crashed into one of his other sisters' wrought-iron fence, prosecutors said. The sister he is accused of trying to kill had recently told Gately that she would "no longer just give him money," according to prosecutors. And on the morning of the murder, they spoke about financial matters.

Records show Gately's sister called 911 around 7:19 p.m. on Aug. 13, 2018, to report her husband had just been shot by her brother at the front door of their home in the 200 block of Latrobe Avenue in Northfield.

According to prosecutors, Gately showed up and demanded to see his sister. When Shapiro said she was unavailable, Gately shot him twice, striking him in the heart and lungs. Then he turned the gun on his sister, prosecutors said.

"I'm going to kill you," Gately allegedly told her.

Police from the Cook County Sheriff's Office, Deerfield, Glencoe, Glenview, Highland Park, Illinois State Police, Kenilworth, Lake Forest, Lincolnwood, Morton Grove, Niles, Northbrook, Northfield, Wilmete and Winnetka all responded to the incident.

While barricaded in his apartment for several hours surrounded by police, Gately briefly came out onto his balcony and attempted to tie a rope to it, members of the SWAT team would later report. He eventually surrendered voluntarily.

Gately's previous criminal convictions relate to drunk driving and domestic violence. His most recent prior arrest, before he was taken into custody on charges of first-degree murder, attempted first-degree murder, home invasion, residential burglary, aggravated discharge of a firearm and more, was for driving with a suspended license.

Probate court records in a case concerning the assets of Gately's mother, who suffers from dementia, show ongoing disputes among family members about the assets in a shared trust, as well as a vacation property that Gately relinquished his share of. A court filing alleges that he received an $80,000 loan from his mother that he never repaid.

The response, filed by an attorney for the sister Gately is not accused of attempting to kill, said family members were aware that Gately's mother had "long given John Gately III money each month for his rent and for his necessities because he suffers from alcoholism and has difficulty staying employed."

When the sister began acting as their mother's agent in May 2017, she continued to make the payments and learned that "for years [Gately's mother] had been giving John Gately III approx. $2,000 per month."

Heitzinger, Gately's civil attorney, has not responded to repeated inquiries about his role in the case. Gately is due back in court Aug. 6 and is represented by a public defender.

Read more:

• Release Accused Murderer's Guns, Asks Winnetka Attorney
• Winnetka Man Murdered Lawyer, Tried To Kill Sister: Prosecutors
• Brother-In-Law Charged With Murder Of Northfield Attorney
• Homicide Of Renowned North Shore Attorney Shocks Legal Community