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The US attorney's office is now prosecuting two alleged gang members over the death of a National Guard soldier in 2021 - after the state attorney refused to do so.
Chrys Carvajal, 19, was killed in Chicago on July 3, 2021 in a drive-by shooting as he was walking to his car while attending a Fourth of July party with his girlfriend.
Three years on from his killing, Gary 'Gotti' Roberson, 40, and Joseph 'Troubles' Matos, 41, are set to stand trial over his brutal slaying.
Evidence linking at least one of the suspects to his death was reportedly with the state attorney's office soon after his killing, according to the Chicago Tribune.
His family had to endure three years of pain after state attorney Kim Foxx, whose role is equivalent to DA for the city, said there wasn't enough evidence to prosecute.
Federal prosecutors have now pinned the murder on Roberson and Matos alongside another charge of racketeering.
Carvajal, 19, was gunned down on July 3, 2021 in a drive-by shooting as he was walking to his car while attending a Fourth of July party with his girlfriend. He was a national guard soldier
According to his sister Jennifer Ramirez, Carvajal had been at home on leave from basic training when he was killed.
According to a recently unsealed indictment, the two killed Carvajal 'for the purpose of maintaining and increasing position in the Milwaukee Kings', a known street gang.
As per the indictment, the Milwaukee Kings gang operates on the North Side of Chicago and carries out murders and other acts to protect their power and territory.
The case would be simpler for prosecutors had the Cook County state's attorney's office brought the charges in the first place.
If so, all they would have had to prove was that the two men had indeed been behind the shooting which killed Carvajal.
With a federal case, prosecutors can't just charge someone suspected of murder, there has to be special circumstances such as the murder of a federal official.
Lacking those circumstances, federal prosecutors must convict a suspect with committing the act while also doing something else that violates federal law.
Local police were also reportedly angered by the state's attorney's office and their hesitance to proceed.
Alderman Gilbert Villegas, in whos ward the murder took place, tweeted at the time that police had provided prosecutors with three eyewitnesses and video.
Villegas added: 'This family deserves justice as well as the hundreds of families who have unsolved murders pending #pleasedoyourjob.'
His family had to endure three years of torture after state attorney Kim Foxx determined there wasn't enough evidence to prosecute
Alderman Gilbert Villegas, in whos ward the murder took place, tweeted at the time that police had provided prosecutors with three eyewitnesses and video
Chicago police had also been provided with evidence that the car and phone of one of the suspects was found near the scene, according to CWB.
Despite this, Foxx's office said they 'conducted a thorough review' of the evidence and deemed it 'insufficient to meet our burden of proof to file murder charges'.
Speaking to WTTW in 2022, his sister Jennifer Ramirez hit out at prosecutors in the Windy City, in particular Foxx.
She told the outlet: 'Her team decided that even with all the evidence and the witnesses and a singled out person, it still wasn't enough.
'We have camera footage, we have footage from the city's camera so we don't understand.
'My brother Chrys took an oath to serve and protect this country, this community.
'He was working to become a Chicago police officer as well. He was going to serve and protect your city, the least you can do is bring justice.'
Speaking to WTTW in 2022, his sister Jennifer Ramirez, seen here, hit out at prosecutors in the Windy City, in particular Foxx
Family friend Marcos Torres added: 'What is the message we are sending to our citizens here in Chicago if you are doing the right thing.
'If you are serving your county and you get killed right here in your own streets and the people who are in charge to prosecute, don't prosecute.
It is not the first time that Foxx has been criticized for her handling of a case, with several members of staff leaving the office since her appointment.
James Murphy resigned in 2022 and publicly said that he had 'zero confidence' in the leadership of Foxx – claiming she rushed state law and is 'focused on PR stunts'.
Former mayor Lori Lightfoot previously accused Foxx of harming public safety after she prioritized vacating convictions for those framed or falsely accused of drug crimes by corrupt police officers.
In 2020, liberal funder George Soros donated $2million to a PAC that backed Foxx in her re-election campaign.
She won the race and has since offered deferred prosecutions and softball deals to criminals.