AK47 used in shooting near Kaley Street and Western Avenue

 

SOUTH BEND, Ind.—Two brothers have been charged in connection with a shots fired incident on July 13 near the intersection of Kaley Street and Western Avenue, the St. Joseph County Prosecutor's Office said on Monday.

According to family members, an AK-47 was one of the weapons used. Family tells ABC57 News, 30 rounds were fired from the rifle.

Emmanuel Guevara, 30 was charged with battery by means of a deadly weapon and criminal recklessness.

Jorge Guevara, 26, was charged with criminal recklessness.

Both men are being held in the St. Joseph County Jail without bond and are due in court on July 16.

On July 13, around 9 a.m., South Bend Police officers responded to shots fired near Kaley Street and Western Avenue.

A 911 call was made reporting that a robbery victim was in pursuit of his robbers, court documents said.

An officer attempted a traffic stop on two vehicles, a white Nissan Pathfinder and a red Nissan passenger car but only the red Nissan stopped, according to the probable cause affidavit.

After the red Nissan stopped, a semi-automatic rifle was tossed from the window and the three occupants of the red car were taken into custody. Two handguns were found in the car, court documents said.

The driver of the red Nissan was identified as Jorge Guevara and the front seat passenger was identified as his brother, Emmanuel Guevara. A female passenger was also located in the back seat.

Emmanuel told police that he was mowing lawns that morning when a white SUV cruised passed him slowly, stopped, and three male occupants asked him about his lawn care work before the questions turned to Emmanuel’s handgun, which was visible, court documents said.

The driver of the white SUV was “particularly insistent” that Emmanuel hand over his pistol. Emmanuel eventually unloaded the pistol and handed it over.

The driver of the white SUV and the back seat passenger then both pointed their guns at Emmanuel, told him to back away from the car, and then drove off with Emmanuel’s gun, court documents said.

According to the probable cause affidavit, Emmanuel went into his home, grabbed his semi-automatic rifle and two other handguns, and told family members he’d been robbed and to call police.

Emmanuel and Jorge then went to search for the white SUV, located it, began to follow it and when the back window went down and a firearm barrel came out, Emmanuel began shooting at the SUV “until his magazine was empty,” court documents said.

The white SUV was located shortly after the initial traffic stop on the red Nissan.

The occupants of the white SUV tried to escape but one was too injured to get away and was located in the 600 block of S. Sheridan, South Bend Police said.

The injured occupant was later identified as the driver of the white SUV who Emmanuel said robbed him, according to court documents.

The driver of the white SUV, who has several outstanding warrants, was shot in the back but is expected to make a full recovery, court documents said.

Emmanuel’s stolen handgun was located in the white SUV as well as several other handguns, court documents said.

“I’m not condoning everything that transpired, but what if my boys had not gone after them? Would they have robbed someone else, you know? And the thing people are famous for now, they take a gun and put it to your head, like they did to my son, but they shoot you.” Sylvia Guevara, the mother of the two brothers, said.

UPDATE: In November of 2019, Jorge Guevara pleaded guilty to one count of criminal recklessness as part of a plea agreement. He was sentenced to 365 days at the county jail with 360 days suspended.

In March of 2020, Emmanuel Guevara pleaded guilty to one count of criminal recklessness as part of a plea agreement. His charge for battery by means of a deadly weapon was dismissed. He was sentenced to 30 months as a direct commitment to the Michiana Community Corrections.