According to police records, Investigators believe they solved the homicide years ago when they arrested members of South Side Chicago's “Perry Avenue” gang. But prosecutors in 2019 declined to prosecute.
In this May 22, 2019 photo, a makeshift cross marking the spot where Zachary Stoner was killed on May 30, 2018, in a drive-by shooting in downtown Chicago.
That prosecutors passed on charges on those grounds raises questions about whether Chicago gangs can literally get away with murder when it’s unclear who initiated a shooting and who returned fire in self-defense. One Illinois court defined mutual combat as an agreement to fight or where sides in “a sudden quarrel and in hot blood, mutually fight upon equal terms.” Some courts only allow defendants to argue mutual combat at sentencing in bids for leniency.
Stoner didn’t belong to a gang but was raised in “Goon Town" gang territory. Young Black men are often wrongly assumed by gangs, and police, to be in the gang on their block. So other gangs may have viewed Stoner as a Goon Town associate. But the joyous atmosphere soured as two factions engaged in a rap battle, delivering derogatory lyrics about each other. One witness said Stoner appeared nervous as he walked out, imploring his friends to leave too.
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