Shooting suspects await arraignment, describe ‘head rush’ in alleged crime
June 7, 2011
The two former NIU students charged in the April 5 shooting of NIU linebacker Devon Butler have been indicted by a grand jury and are awaiting arraignment.
Mark Orozco, 24, and Richard Van Arsdale III, 20, face multiple charges for their alleged involvement in the shooting at 1009 Aspen Court. Orozco has been indicted on nine total counts, including three counts of attempted first-degree murder, two counts of armed violence and one count of aggravated battery with a firearm. These six counts are Class X felonies, punishable by up to 30 years in prison.
Orozco was also charged with two counts of aggravated discharge of a firearm, a Class 1 felony and one count of the unlawful delivery of cannabis, a Class 4 felony.
During a status hearing for Orozco on June 6, Devon Butler’s medical records from Kishwaukee Community Hospital, 1 Kish Hospital Drive in DeKalb, and OSF Saint Anthony Medical Center, 5666 E. State St. in Rockford, were subpoenaed and turned over to the prosecution.
Phil Montgomery, DeKalb County Assistant State’s Attorney, said the prosecution was in the process of forwarding the records to the defense.
Van Arsdale was indicted on seven total counts, including two counts of attempted first-degree murder, one count of armed violence, one count of aggravated battery with a firearm, two counts of armed violence and one count of the unlawful delivery of cannabis.
Van Arsdale appeared in court before Associate Judge William Brady on June 6 for a status and bond reduction hearing. Van Arsdale’s case was re-assigned to Brady following a motion for the substitution of judges filed in May. Circuit Judge Robbin Stuckert presided over the case before it was re-assigned.
During the hearing, attorney Gary Johnson, who represents Van Arsdale, argued that because Van Arsdale had no prior criminal history, had good grades and came from a good home, bond should be reduced.
Johnson also argued that because Butler was a starter on the NIU football team, the case gained a level of notoriety that caused bond to be set at an unreasonable amount.
Orozco and Van Arsdale have been in custody at DeKalb County Jail since April, with bond set at $1 million each.
Johnson called two witnesses to testify on behalf of Van Arsdale. Debra Van Arsdale, the defendant’s mother, testified to the character of her son. She described Van Arsdale’s work ethic; he had been employed as a summer caddie at various country clubs since eighth grade. She also described how despite a diagnosed learning disability, Van Arsdale was selected by teachers to travel to Australia when he was in sixth grade.
Retired 19th Judicial Circuit Judge Emilio Santi, a Van Arsdale family friend, also testified. Santi said he has known Van Arsdale since birth. Santi testified that Van Arsdale is not a violent individual and “would not hurt a fly.”
Johnson requested bond be reduced to $100,000, stating the Van Arsdale family had raised $10,000 toward bail.
Montgomery argued against the bond reduction, reading from a series of text messages sent between Van Arsdale and Orozco planning the shooting. The text messages were also read during a bond reduction hearing for Orozco in April.
Montgomery read from a letter written by Van Arsdale while in custody that was signed “Vicious V.” The letter described a “head rush” Van Arsdale received from the shooting.
The excerpt read, “Rocco’s got the nine; he let the lead bust. Talk about a [expletive] head rush.”
Debra said Van Arsdale uses the name “Vicious V” in his rap group and when writing rap songs.
Brady denied the motion, keeping bond at $1 million.
“I can’t ignore that even people who live law-abiding lives can get themselves involved in activity that threatens the public at large,” Brady said.
Orozco is scheduled to appear in court on June 28. Van Arsdale is scheduled to appear on July 11. Each defendant will be arraigned at their next court date, during which a formal reading of the charges will be given to each defendant. Defense attorneys may put in any pre-trial motions at that time, and the defendants will be able to enter their pleas.
Montgomery said Orozco is expected to plead not guilty.