Freed suspect back in police custody - DC News FOX 5 DC WTTG

Freed suspect back in police custody

Posted: Updated:
GARY, Ind. (Sun-Times Media Wire) -

A Lake Station man facing murder and attempted murder charges who was released from the Illinois hospital where he was being treated for gunshot wounds surrendered Monday with his attorney, the Post-Tribune is reporting.

Defense attorney Matthew Fech said Mark Cherry surrendered at the Lake County Jail at about 10:30 a.m.

Cherry, 21, was charged Dec. 20 with murder in the shooting death of Rolando Correa, 22, and the wounding of brothers Elias Martinez, 24, and Anthony Martinez, 23. Court records indicate Cherry and two other men went to a home on Dec. 1 in the 6200 block of West 29th Avenue in the Black Oak section of Gary looking for marijuana. They forced their way inside, and Cherry was shot multiple times during a struggle with the Martinez brothers. The other two suspects have not been charged.

Cherry was treated at Christ Medical Center in Oak Lawn, Ill. He was not held under police guard. Gary officers don’t typically guard prisoners outside Indiana where they have no jurisdiction, Gary police spokeswoman Cpl. Gabrielle King said earlier.

Michael Kaufmann, Oak Lawn police division chief, said previously that Gary police did not inform his department about Cherry’s status as a criminal defendant in a murder case. Kaufmann said then that it’s the responsibility of the law enforcement agency in charge of a case to keep track of a suspect or to alert local police and seek assistance. Gary police also could have contacted Cook County sheriff’s police to alert them of Cherry’s status at the hospital, Kaufmann said.

Christ spokesman Mike Maggio said in a previous statement that the medical center “cannot legally detain a patient against his or her will. Without prior written consent from a patient, the hospital cannot alert another person or agency about a patient’s pending discharge.” He said a suspect or defendant in a serious crime is typically guarded by police officer while in the hospital, so “at the time of discharge, the patient can be taken immediately into custody by police.”

Gary Police Chief Wade Ingram will work closely with Cook County sheriff’s police, Oak Lawn police and other agencies to try to prevent situations like the one with Cherry from happening again, King said.

On Friday, prosecutors filed an amended information adding murder in perpetration of a robbery and attempted robbery counts. Cherry, who was convicted of robbery in March 2012, faces a petition to revoke his probation in that case.

“I would like to remind everyone that my client is presumed to be innocent of these charges and we plan on defending this matter fully,” Fech said.

Several agencies had been looking for Cherry, including the U.S. Marshals Great Lakes Regional Fugitive Task Force, the Region Stop Team and local police departments.

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