Viramontes, accused of savage 2010 baseball bat beating in Bucktown, heads to trial

Date: 
10/15/2013
HViramontes

Heriberto Viramontes

Accused of the vicious baseball bat attack on Natasha McShane and Stacy Jurich near the viaduct on Damen Ave. at Bloomingdale in Bucktown on April 23, 2010, Heriberto Viramontes, 34, is heading to trial on Tues., Oct. 15.

Viramontes and his alleged accomplice Marcy Cruz, 28, were originally charged with 25 felony counts. Cruz plead to two counts of attempted murder and had other charges dropped in July 2013. Under the agreement she must serve 11 years per count and serve at least 85% of the sentence before being eligible for parole. In addition she is to testify against Viramontes at his trial.

Viramontes, a Spanish Cobras gang member, also incurred other charges while in jail, resulting from having girlfriend Kira Lundgren take marijuana to him in jail. 

Cruz, a mother of two and former exotic dancer, has been in Cook County Jail with a $1 million bond since 2010 and Viramontes is being held with no bond.

While Bucktown resident Jurich, now 27, had 15 staples in her head resulting from being hit in the head with the baseball bat, Jurich is reported to be functionally normally. The night of the attack, she and McShane, a graduate student from Ireland, were walking to Jurich's house after an evening celebrating job related accomplishments.

Unlike Jurich, McShane now spends her time at home in Ireland unable to walk or speak more than one or two words and has difficulty feeding herself, wearing a bib like a child. 

The Trial
Though Natasha McShane cannot attend the trial, there will be a portion of a 90-minute, "Day in the Life" recording of her.  That ruling came down last week in Judge Jorge Alonso's court in response to Viramonetes' attorneys arguing that seeing the video would be too prejudicial. 

The States Attorneys will be allowed to present a portion of the video showing her navigating down a hallway, lifting her leg and attempting to drink. 

McShane's mother, Sheila, can and will attend the trial and testify as to Natasha's current condition. McShane's father is also said to be testifying, according to the Chicago Sun-Times' Rummana Hussain. In addition she states that Lundgren will be testifying and that possibly Assistant Public Defender Chandra Smith may call a witness "who said  he saw a black man with a baseball bat” in the vicinity several hours after the attack.

This defense would be going to the fact that Viramontes is the wrong man.  

Joe Kopera, longtime Logan Square resident, has been following this case from the beginning. "The defense attorney attempted to get a 29-page questionnaire to be used for jury selection. That would give the defense grounds for appeal.  

"But, the judge denied the motion," said Kopera. He believes that jury selection will probably go into Wednesday.  

Kopera will be at the trial and reporting for Our Urban Times.

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