The Illinois father who helped his son obtain a gun license three years before he allegedly killed seven people in a mass shooting during a Fourth of July parade outside of Chicago will face trial after a judge on Monday refused to dismiss the case against him.
An attorney for Robert Crimo Jr. argued earlier this month that Illinois prosecutors charged him under an unconstitutionally vague law following the massacre in Highland Park in 2022, according to the Associated Press.
Lake County Judge George Strickland rejected that argument, as well as a defense contention that prosecutors charged Crimo Jr. too late — after a three-year statute of limitations had supposedly passed. The court’s rulings mean Crimo Jr.’s Nov. 6 trial will go ahead as previously scheduled.
Crimo Jr. pleaded not guilty earlier this year to seven counts of reckless conduct — one count for each person killed. Each count carries a maximum three-year prison term. Prosecutors had alleged that he helped his son, Robert Crimo III, obtain a gun license even though the then-19-year-old had threatened violence.
HIGHLAND PARK SHOOTING SUSPECT ROBERT CRIMO PLEADS NOT GUILTY
Highland Park shooting suspect Robert Crimo III has pleaded not guilty to fatally shooting seven people and injuring dozens of others at a Fourth of July parade in the town about an hour north of Chicago. (Jim Vondruska)
The portion of the state law prosecutors invoked to charge Crimo Jr. reads that “a person commits reckless conduct when he or she, by any means lawful or unlawful, recklessly performs an act or acts that … cause great bodily harm or permanent disability or disfigurement to another person.”
A defense filing argued that the law’s lack of specificity makes it impossible to know what actions qualify as criminal reckless conduct. They also say it offers no definition of “cause,” opening the way for prosecutors to wrongly link the signing of a gun license application to a shooting years later.
“Here, the reckless conduct charge … specifically seeks to criminalize the Defendant’s lawful act of signing a truthful affidavit,” the AP quoted the filing as saying, noting that it added that “Illinois has never prosecuted an individual for signing a truthful affidavit under oath.”
FLASHBACK: HIGHLAND PARK SHOOTING SUSPECT ASKS JUDGE TO TOSS CASE CHARGING HIM
Robert E. Crimo Jr., right, and his attorney George Gomez, appear before Judge George D. Strickland at the Lake County Courthouse on Thursday, Feb. 16, 2023, in Waukegan, Illinois. (AP Photo/Nam Y. Huh, Pool)
But Strickland said the law — which is structured similar to many other constitutional laws — limits reckless conduct to actions that cause great bodily harm, according to the AP.
Last year, an Illinois grand jury indicted Crimo III on 117 counts for his role in the tragedy, including 21 counts of first-degree murder comprised of three counts of first-degree for each deceased victim.
Crimo is also charged with 48 counts of attempted murder and 48 counts of aggravated battery with a firearm for each victim who was struck by a bullet, bullet fragment or shrapnel, according to Illinois State’s Attorney Eric Rinehart’s office.
Bomb-making materials were reportedly found in the apartment of Highland Park, Illinois, parade gunman Robert Crimo III. (AP Photo/Nam Y. Huh, Pool, File)
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There are a total of 47 named victims, an Illinois judge said during the arraignment in August 2022.
Fox News’ Audrey Conklin, Ruth Ravve and the Associated Press contributed to this report.