A Lake County prosecutor questioned a witness’ account of a fatal shooting during a New Year’s Day custody handoff, saying it did not match what was captured on video.
Erik Olaguez, 20, is charged with the Jan. 1, 2025 murder of Edward Ruiz Jr., 42, his mother’s ex. He has pleaded not guilty — arguing it was self-defense and he was protecting others from Ruiz.
Tensions were high when the mother showed up to get two kids, aged 11 and 7, from Ruiz, according to the video played during the hearing.
The male witness testified that he believed Ruiz started the argument with the woman.
In the video, the woman’s voice appeared to be louder first.
“I want my kids,” she appears to yell.
The man later clarified he was still in the car and didn’t know how the spat started.
The witness also denied having a gun on him. When Bruno froze the video showing his outstretched arm appearing to point an object toward Ruiz’s head, he said it was a phone.
“What’s the need to point a phone at someone’s head,” Bruno asked.
“I wasn’t really pointing at his head,” the man responded. “I was just telling him not to be a (expletive).”
The prosecutor noted at one point, the video appeared to show Ruiz swatting the witness’ hand away. A melee grew quickly, before about a half-dozen gunshots were heard.
Police accused Olaguez of shooting Ruiz three to four times, including twice in the head.
Bruno said the witness’ account was “intentionally evasive.”
Defense lawyer Susan Severtson countered he was “answering to the best of his ability.”
New Chicago Police responded around 11 p.m. on Jan. 1, 2025 to the first block of Arthur Avenue.
Ruiz’s ex told their children she was headed to the New Chicago address in Indiana to pick them up.
Ruiz’s female relative told him to let the kids just walk to the mother’s car. Ruiz walked out, helping the older child with their bags. The mother started yelling at Ruiz.
Ruiz’s relative told her to “not start any problems,” the affidavit states. The mother punched the female relative in the face. Ruiz tried to split up the fight. Police alleged an “unknown” male — the witness — from the mother’s car attacked Ruiz.
Then, Erik Olaguez flashed a gun and shot Ruiz, charges allege.
A younger child appeared to run off before Ruiz later led her back to their car before they left.
Another hearing is set for March before Judge Samuel Cappas.
