A Hammond man is facing charges that he fired five shots from a semi-automatic pistol at his wife’s friend. Ramiro Malagon, 34, is now facing charges of attempted murder and battery with a deadly weapon resulting in serious bodily injury. Malagon’s wife told police that they had been married for 14 years, but over the past few months, they had grown estranged and did not interact much.
The wife said she was driving her friend back home when Malagon pulled up alongside her on the road. When the wife recognized that she was being followed by her husband, she pulled a U-turn and dropped him off at a liquor store. The friend said he did not want to be involved with their domestic problems. The man was walking from the lot when Malagon pulled up alongside him and demanded that he stop. He then fired five bullets at the man.
The victim was struck twice, once in the thigh and again in the back. The victim took cover behind a dumpster and eventually, Malagon gave up and drove off.
While the man did fire five shots at his wife’s friend, attempted murder might be a stretch. Firstly, he fired at the man twice, but the shot seemed low as if he was aiming low. Such an insight is precisely the type of argument that could take attempted murder off the table. Further, after the victim took cover, Malagon did not pursue him even though he was wounded and would have made an easy target.
It is important to understand that when you read a newspaper article, the journalist is getting their story from the police. The prosecution’s argument is thus already in the media. Instead of trying to scare the man, Malagon is accused of attempting to kill him. Instead of driving off after his point had been made, Malagon is accused of giving up on trying to kill him.
While we do not know all of the details of the case, what we do know is not enough to prove attempted murder. Assault with a firearm causing bodily injury, however, is fairly well established. Malagon may also face charges related to the possession of the weapon. If Malagon has a criminal record, possession of the weapon can be added on to his charges.
So, it sounds like assault with a deadly weapon and weapons charges against Malagon are likely, but what is less certain is whether or not attempted murder charges will stick. The prosecution must be able to prove that Malagon was, in fact, intending to kill the man. This can be hard in situations in which the victim is still alive, could have easily been tracked down and shot after being wounded, and the suspect drives off without finishing the job.
Talk to a Chicago Criminal Defense Attorney Today
If you have been accused of attempted murder, but you know that you were only trying to scare the victim, you are still likely facing serious charges, but not as serious as attempted murder. To learn more, call David Freidberg today at (312) 560-7100 to learn more about how we can help.