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Logan Square Slaying Not A Murder? Prosecutors Say Victim Shot First

 Ivan Gomez, 21, was charged in a fatal Logan Square shooting.
Ivan Gomez, 21, was charged in a fatal Logan Square shooting.
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DNAinfo/Mauricio Pena; Chicago Police Department

COOK COUNTY CRIMINAL COURTHOUSE — Prosecutors have charged 21-year-old Ivan Gomez in last week's fatal shooting outside a Logan Square grocery store.

But while authorities claim Gomez pulled the trigger that killed 19-year-old Jonathan Garcia, Gomez isn't being charged with murder. Instead, he appeared in bond court Thursday on charges of unlawful use of a weapon and unlawful possession of a firearm by a street-gang member.

When Cook County Judge Peggy Chiampas paused the proceedings to ask prosecutors why they didn't pursue murder charges, Assistant State's Attorney Lorraine Scaduto said Garcia fired first, and Gomez began shooting in response.

The shootout happened about 11:10 p.m. on May 13 when several gang members began fighting in the FoodSmart parking lot at 2901 W. Armitage Ave., according to police.

Garcia was shot in his chest and pronounced dead at Advocate Illinois Masonic Medical Center at 11:35 p.m. that night. Police said a 33-year-old man was also wounded in the attack, but he survived.

Gomez, of the 1900 block of North Mozart Avenue, was held without bail. Police said he was a documented gang member who wasn't carrying a valid FOID card.

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