A Chicago man is accused of fatally shooting a 10-year-old boy and critically injuring a 50-year-old man early Sunday at a family gathering in Gary.
Ernesto Posadas, 31, is charged with murder, three counts of attempted murder, aggravated battery, unlawful possession of a firearm by a serious violent felon, unlawful carrying of a handgun with a prior felony, auto theft and a misdemeanor count of unlawful carrying of a handgun.
Posadas is in custody, being held without bail, according to court records. Posadas was taken into custody by officers with the Gary Police Department during a traffic stop on Interstate 80/94 on July 5, according to a release from the Lake County Prosecutor’s Office.
Around 12:46 a.m. on July 5, police received a report of a gunshot victim at a residence in the 200 block of Chase Street, according to the probable cause affidavit. While police were on their way, officers learned that the boy and a 50-year-old man had self-transported to Methodist Hospital Northlake with gunshot wounds.
A witness told police that a vehicle pulled up to the Chase Street residence and opened fire, court records state, then a person at the residence returned fire.
Montana Weathers, 10, was pronounced dead at 1:43 a.m. on July 5 at the Methodist Hospital Northlake emergency room, according to a Lake County Coroner’s release. The cause of death was confirmed during an autopsy as a gunshot wound to the head.
The 50-year-old man was shot in the stomach, records state, and later transported to the University of Chicago hospitals in critical condition. A family member told police that he’s currently too weak for surgery due to blood clot issues.
A second witness said Posadas had previously been at the party around 5 p.m. on July 4 with a family member. He had gotten into an argument with a woman, then left the gathering between 10 and 11 p.m., the affidavit states. The woman was on the porch when the shooting occurred. A witness told police that it appeared Posadas was getting physical with the woman during the earlier argument and a family member hit him to protect her, court records state.
Police reviewed Ring doorbell footage, which showed Posadas arriving around 5 p.m., wearing a distinctive T-shirt with a Chicago Bears theme and dark jeans. Around 12:46 a.m., a black minivan is visible in front of the residence and two men approach the sidewalk in front of the house, records state. A man wearing the same Bears shirt and resembling Posadas emerges from the driver’s seat. He stops in front of the house and states, “who punched me?” while gesturing with his handgun before opening fire at the front porch, the affidavit states. Muzzle fire is seen emanating from the handgun he is holding.
After the shots, Posadas and a man in a gray sweater fled back to the van, court records state. A man exits the house and returns gunfire as the van leaves the area.
Police recovered at least 8 spent 9mm casings from the front of the house and two spent projectiles were found inside the house, records state. A blood-like substance was found just inside the front door of the residence.
License plate readers in Gary and Illinois picked up the black Chrysler Pacifica minivan around the time of the shooting, the affidavit states.
Police interviewed Posadas, who denied being in Indiana on July 4 and 5, saying he drank and fell asleep early. Eventually, he admitted he arrived at the Chase Street house with a woman for a gathering, court records state. He said they later argued about her drinking alcohol, so he grabbed the keys to her car and left, claiming that he drove back to Chicago and fell asleep.
Police said he was caught on camera returning to the residence, but he denied coming back with anyone, records state. He claimed the bullet damage to his van happened in Chicago but wouldn’t name the van’s owner.
When police told them that a 10-year-old was shot, he responded, “the midget?”
In a second police interview, Posadas was shown stills from the Ring footage and identified himself as the person in the photos before trying to deny it was him, the affidavit states. When asked about the van and the bullet holes, he asked for a lawyer.
The woman who came to the party with Posadas told police that they got into an argument about alcohol before leaving in her vehicle. She reported it stolen through the Chicago Police Department, records state. She was sitting on the porch when he returned, though she admitted she didn’t see the shooting because she was sitting behind a pillar. When she returned to her home in Chicago, her residence was trashed, which she assumed Posadas had done, the affidavit states.
In October 2018, Posadas was convicted of aggravated kidnapping in Cook County Circuit Court, which makes him a serious violent felon under Indiana code. In January 2020, he was convicted of maintaining a common nuisance in Cass County Superior Court.
Lake County Prosecutor Bernard Carter said in a release that the investigation is not over.
“We encourage anyone with information that may assist investigators to come forward and contact law enforcement. Even the smallest piece of information could prove valuable,” Carter said.
The shooting is being investigated by Detective Morgan Salazar with the Lake County Prosecutor’s Homicide Task Force. Anyone with information can call 219-755-3720.
