Release Accused Murderer's Guns, Asks Winnetka Attorney

SKOKIE, IL — The new lawyer for the man accused of murdering his brother-in-law and trying to kill his sister wants police to release his client's guns, according to court records.

John W. Gately III, 67, was arrested following a standoff with a SWAT team in downtown Winnetka following the Aug. 13 fatal shooting of Stephen Shapiro, 72, at his Northfield home. He has been held without bail at Cook County Jail ever since, awaiting trial on murder and other charges.

The lawyer who initially represented him, Michael Petro, withdrew from the case after just a single appearance, citing Gately's inability to cover the cost of his defense. Since last September, Gately has been represented by the Cook County Public Defenders's Office. He pleaded not guilty to 80 charges contained in a grand jury indictment.

Ever since his arrest, police in Northfield and Winnetka have been holding onto Gately property, including his guns, according to a filing from his latest attorney.

Kent Heitzinger, the Winnetka-based attorney representing Gately in his attempt to get police to release that property, said in an April 1 motion that Gately hopes to sell property being held by police in order "to pay bills."

Heitzinger did not say how much property he hopes to recover from authorities, although he said he hopes to get back the guns that police seized from Gately's apartment after a standoff that lasted more than three hours at the apartment in the 1000 block of Tower Road.

Gately had a license to carry a concealed weapon, according to court records. His former attorney said he was legally in possession of two guns that police took from his apartment after his arrest. Spokespeople for the Winnetka and Northfield police departments did not immediately provide a full inventory of Gately's property in possession of their departments, so it could not be determined how much money might be recovered if Heitzinger's efforts are successful.

Stephen Shapiro, 72, was a North Shore native and partner at the Chicago-based law firm of Mayer Brown since 1978 and prominent local attorney with extensive experience arguing cases before the U.S. Supreme Court. He was credited with establishing a specialized appeals court and Supreme Court practice at the firm, which described him as "one of the most accomplished appellate lawyers in the United States."

Gately, Shapiro's brother-in-law and accused killer, is an unemployed fellow New Trier High School graduate with previous convictions for drunk driving and domestic violence. Multiple members of Gately's family had taken out orders of protection against him in the past.

Prosecutors said Shapiro's killing was motivated by money, and his wife had been the intended target. According to court records, Gately's siblings had been arguing over the guardianship of their disabled mother's estate.

For years before Shapiro's homicide, their mother had paid Gately $2,000 every month "because he suffered from alcoholism and couldn't hold down a job," WFLD-TV reported.

Gately's sister had agreed to financially support him "while family lawsuits were pending," according to Assistant State's Attorney Andreana Turano. Eventually, she told him she would "no longer just give him money."

The day before the shooting, Gately damaged a fence at another sister's house, prosecutors said. His sisters believed he had been driving drunk, and took the opportunity to talk about "budgeting" with him.

Prosecutors said Gately shot Shapiro after he answered the front door and refused to allow him to see his sister. Gately then came into the living room, pointed a gun at her and told her, "I'm going to kill you," according to Turano.

The gun appeared to malfunction, and his sister was able to flee. She ran across the street with a cell phone, called 911 and waited for Gately to leave before returning to her house to find her husband suffering from two gunshot wounds to the chest, according to the state.

Heitzinger, Gately's new attorney, hung up on a reporter when asked about his motion seeking to win the release of the property. He declined to respond to written questions regarding how many guns he hopes to sell if his motion is successful, how he is being retained or whether he would be paid out of the value of the proceeds.

The next hearing on the matter has been set for April 30 in Skokie.

Related:

• 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
• Fatal Shooting In Northfield, Arrest In Winnetka After Standoff