Chicago firefighter out on electronic monitoring after being charged in shooting
CHICAGO (CBS) -- A Chicago firefighter appeared for a detention hearing Wednesday, accused of shooting another man in an apparent road rage case on New Year's Eve.
Omotayo Kassim, 34, has been charged with one felony count each of aggravated battery by discharge of a firearm, attempted first-degree murder, and aggravated discharge of a firearm from an occupied vehicle.
Both the family of the victim in this case, Joseph Guiragossian, 35 – who was shot in the jaw and was just taken off a ventilator Wednesday – and Kassim's own family were in Cook County Criminal Court for his initial appearance Wednesday.
Guiragossian's family was angry at the judge's decision to release Kassim on electronic monitoring. After the judge made her decision, Guiragossian's family out a resounding, "Wow!" in the courtroom.
"It was injustice what happened here – injustice. A criminal who shot a kid - chased and shot him in the neck - and then he walks," said the victim's father, Murad Guiragossian. "For what?"
Police and fire crews were both called to Foster Avenue between Ashland Avenue and Paulina Street, in the Edgewater-Andersonville area, after the shooting around 7:55 p.m. Sunday. The call was a serious one after an incident on the road quickly escalated into a possible road rage shooting.
Prosecutors from the Cook County State's Attorney's office said both Guiragossian and Kassim ran a stop sign as they drove that night. At that point, prosecutors said the then-off-duty firefighter – driving a Chevrolet Tahoe – struck Guiragossian's side door. Guiragossian was driving a black Jeep, and prosecutors said he had a passenger with him.
The collision started a chase – part of which prosecutors said was caught on the firefighter's dashcam. He tried to hit the Guiragossian's car a few times, prosecutors said. Kassim attempted pit moves to try to get Guiragossian to stop, prosecutors said.
Guiragossian struck a parked car trying to get away, prosecutors said.
When the cars stopped about 10 minutes later, prosecutors said Kassim got out of his Tahoe approached the driver's side of Guiragossian's car with a gun. Kassim had a Firearm Owners Identification Card and a Concealed Carry permit.
Prosecutors said Kassim ordered Guiragossian to stop moving, or else he would "shoot his ass," prosecutors said.
"The defendant told the victim to stop moving or he would shoot him," said Cook County Assistant State's Attorney Ann McCord. "Within a second of that statement, the defendant shot the victim in the jaw."
The bullet lodged its way into Guiragossian 's spine.
Guiragossian was taken to Advocate Illinois Masonic Medical Center in critical condition.
Kassim got back into his car and parked it on Foster Avenue, prosecutors said. He was then taken into police custody.
Officers on the scene quickly realized Kassim was a fellow Chicago first responder. Police recovered a Sig Sauer 9mm handgun from his waistband holster. It still had nine live rounds in the magazine.
Kassim's attorney claims prosecutors are not addressing all the evidence – claiming Guiragossian was driving drunk on New Year's Eve with a passenger in the car.
"We live in a society, unfortunately, where we continue to take rights away from law-abiding citizens, and we continue to punish them - and we mistake or confuse the term 'victim; and the term 'defendant,'" said David McDermott, an attorney for firefighter.
McDermott also claimed Guiragossian was the one who violently struck Kassim's vehicle before fleeing the scene.
"This individual that's supposedly the victim is driving down the roadway, drunk," said McDermott. "He strikes my client's vehicle. He then goes on to strike multiple other vehicles, nearly hits a pedestrian, and continues driving down the roadway."
In court, the defense also said Kassim did not threaten to shoot Guiragossian, only asking him to stop. The defense also said when Kassim had his gun out, Guiragossian started wrestling for it.
"We have a firefighter who served this country, who's ex-military with an honorable discharge," said McDermott.
Kassim was ordered to surrender all his firearms to police. His movements are also restricted by the court and the Cook County Sheriff's office.
He is expected to return to court on Monday, Jan. 8.
