Less than two weeks before she and her daughter were shot to death, Karina Gonzalez had gotten a restraining order against her husband because of his drinking, drug use and threatening behavior.
But the order was never served, prosecutors disclosed Thursday, and Jose Alvarez kept his Glock 9mm handgun even though his firearm owners identification card had been revoked because of the order.
Within days, Gonzalez, her 15-year-old daughter Daniela Alvarez and her 18-year-old son moved back in with Alvarez in their Little Village home after he agreed to go into rehab.
“The abusive behavior began again” and finally exploded just after midnight on Monday, Assistant State’s Attorney Anne McCord Rodgers recounted during a court hearing.
It began with Alvarez accusing his wife of cheating on him, as he had done in the past. Gonzalez told him to stop and joined her children on a couch in the living room, McCord Rodgers said.
Alvarez followed and continued making accusations and threats. Alvarez’s son told him to “stop or he would call 911” and walked toward his room, McCord Rodgers said.
Alvarez rushed past him and grabbed his gun as his son took cover under a dining room table, McCord Rodgers said. Alvarez walked to the living room and shot Gonzalez and Daniela, then returned to the dining room and fired underneath the table where his son was shielding himself with a chair.
Gonzalez was shot eight times: three times in the left hand, twice in the face and once in the upper left arm, the top of her head and the right wrist, officials said.
Daniela was shot in her face and forearm and died after being taken to Mount Sinai Hospital, police said.
The son was hit in the ankle and ran out of the apartment. A neighbor saw him limping down the street and hiding behind parked cars. He had wrapped a T-shirt around his wound to stop the bleeding, according to Mike Lopez, who said he heard at least 15 shots.
“Where are you? Where are you?” Alvarez screamed, Lopez said.
The police were called and Alvarez opened the door for them, McCord Rodgers said. The Glock was recovered from the top of his bed with one round in the chamber and more rounds in the magazine, prosecutors said. A second magazine was recovered near the handgun.
Alvarez was charged with first-degree murder, attempted murder and aggravated battery from discharging a firearm.
An attorney assigned to represent Alvarez called the case a “horrible tragedy” but noted that it was the “family’s choice” to move back with Alvarez as he sought mental health treatment.
The protection order was issued on June 21 and ordered Alvarez to leave the family home and have “no contact by any means” with his wife and children. Alvarez apparently never left the home, however, and Gonzalez and her children went to stay with a relative, according to prosecutors.
The Cook County sheriff’s office said it tried to serve Alvarez with the protection order two days after it was issued, “but Mr. Alvarez was not at home.”
Gonzalez and the children moved back with Alvarez on June 26. Though Alvarez’s FOID card was revoked by the protection order, he still had his gun when the family returned, prosecutors said. It was not clear why Alvarez was not forced to surrender the gun.
The attorney for Alvarez said his client used to be a truck driver and now receives Social Security, the attorney said.
Bail was denied for Alvarez, and he is due back in court on July 26.
Contributing: Sophie Sherry
