Chicago 'gang member' with Down syndrome is charged with TWO murders

Publish date: 2024-09-26

A member of the Chicago sect of the Latin Kings gang who has Down syndrome is accused of killing a man in front of his pregnant wife in a road rage attack, and then killing a man in a case of mistaken identity ten days later. 

The killings were perpetrated by Nicholas 'Smush' Samudio, 22, in February, authorities in Chicago allege. 

On February 16, Samudio is accused of shooting Humberto Marin-Garcia, 28, dead following a road rage incident in the Bridgeport section of the city, while on February 26 he allegedly shot and killed Tomas Villa, 22, in the North Lawndale neighborhood after mistaking him for a member of a rival gang. 

Samudio was arrested, alongside an alleged accomplice, Moses Maldonado, 21, hours after Villa's death when Chicago police spotted them riding in a stolen Chrysler 300. 

During his first hearing in court, Samudio's lawyer disclosed that his client had been diagnosed with Down syndrome, a condition that causes both mental and physical disabilities. 

Nicholas 'Smush' Samudio, 22, has been arrested 17 times since his 18th birthday, according to online records

Nicholas 'Smush' Samudio, 22, has been arrested 17 times since his 18th birthday, according to online records

Humberto Marin-Garcia was shot dead in front of his pregnant wife following a road rage incident on February 16

Humberto Marin-Garcia was shot dead in front of his pregnant wife following a road rage incident on February 16

Ten days later Tomas Villa was shot dead after Samudio assumed him to be a member of a rival gang due to the hat that he was wearing

Ten days later Tomas Villa was shot dead after Samudio assumed him to be a member of a rival gang due to the hat that he was wearing

His lawyer also said that Samudio worked for both a demolition company and as a furniture mover.  

The suspect is charged with felony murder, attempted murder and aggravated discharge of a firearm. 

Online records show that Samudio has been arrested 17 times since his 18th birthday. 

On Tuesday, Chicago voters rejected candidate Paul Vallas, who had promised a tough stance on crime in the Windy City, in favor of Brandon Johnson, the progressive community organizer who is seeking more funding for mental health and youth programs to combat the city's crime epidemic.  

Samudio was previously regarded as a person of interest in the 2020 murder of Jean Carlo Cobian in the McKinley Park neighborhood but he was never charged in the case. 

Cobian was found with a gunshot to the back of his head close to his parked car. His family said that he was on his way home when he was killed, reports NBC Chicago. 

Maldonado meanwhile has been on parole since October 2022. In addition, he is soon to become a father, according to his lawyer. 

After the shooting of Garcia on February 16, Samudio had been eyed by police following an 'extensive investigation,' reports the Chicago Sun-Times. 

The newspaper's report says that Garcia was killed after 'a road-rage conflict that spilled onto the expressway' around 9:30pm. Police said that they driver's side window of Garcia's gray SUV was shot out and that the car was found after coming to a stop on the expressway.

Brandon Johnson, a Cook County commissioner and an organizer for the Chicago Teachers Union, was declared the new mayor of the Windy City on Tuesday night

Brandon Johnson, a Cook County commissioner and an organizer for the Chicago Teachers Union, was declared the new mayor of the Windy City on Tuesday night

Garcia's pregnant wife, Mayra Solis, was with him in the car but was unharmed. A GoFundMe page set up by Garcia's brother has raised more than $10,000 since the murder.

'Humberto was a hard-working family man who put everyone else's needs and wants before his. He dedicated his life to his wife and 2 daughters. Humberto was also head over heels awaiting the arrival of his second child,' the page reads.

'Our family especially my cousin and her little girls are devastated by Humberto's passing. Our family is doing whatever we can to gather funds to help cover the cost of the unexpected funeral expenses and help with any other unexpected costs her family will encounter,' it continued.  

Ten days later, police say that Samudio and Maldonado confused Tomas Villa with a rival gang member due to his hat. When he walked by the pair's parked car, Maldonado opened fire, prompting Villa to seek cover between two cars. 

That's when Samudio got out of the car and shot-and-killed Villa, police said. The victim was shot multiple times. 

Later that night, police caught up to Samudio and Maldonado and began a police chase. During the pursuit, Samudio is accused of throwing an item from the car. 

Eventually the pair got out of the car and ran from cops, prompting officers to use stun guns on them. 

Following the chase, investigators recovered a .380 caliber weapon which matched the shell casings that were found at the scene of Villa's murder. Gunshot residue was also found on Samudio's red Champion hoodie, the Sun-Times reports. 

The duo are being held without bail at Cook County Jail. Judge Barbara Dawkins called the shooting a 'bold and brazen offense.' 

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