Dupage Policy Journal

DuPage County State’s Attorney Robert Berlin announced that the Third District Appellate Court of Illinois has upheld a fifty-year sentence for Juan Calderon. Calderon was convicted in 2022 for the murder of Alexander Nicolas, which occurred in 2018.

Calderon's appeal challenged his conviction on several grounds. He claimed his attorney was ineffective for not objecting to jury instructions regarding accountability and argued that the trial court erred by admitting statements from his co-defendant and imposing a lengthy sentence.

The incident took place on November 9, 2018, when West Chicago police responded to a call about a man lying on the ground. Officers found Nicolas with blood coming from his head; he was declared dead at the scene. An investigation revealed that Nicolas had been attacked by Calderon and Emelio Guillen near his vehicle. The attack culminated in Nicolas being shot in the head, with Guillen allegedly giving the order and Calderon executing it.

A jury found Calderon guilty of first-degree murder after a three-day trial in September 2022. Judge Michael Reidy sentenced him to fifty years in prison on February 3, 2023.

In its decision, the Appellate Court dismissed Calderon's claims. It stated that "all the relevant factors favored a finding of accountability" and supported providing the jury with accountability instructions. The court also concluded that defense counsel was not ineffective for failing to object. Furthermore, it ruled that Guillen's statements were admissible since they were part of a proven conspiracy.

Berlin expressed gratitude for the Appellate Court's decision, saying, “I thank the Appellate Court for their thorough analysis of this case and their finding that Mr. Calderon received a fair trial.” He added that this decision ensures Calderon's conviction and sentence remain intact.

Justice Hettel delivered the judgment with Justices Brennan and Albrecht concurring. Amy Watroba from DuPage County State’s Attorney’s Criminal Appeals Division defended against Calderon's appeal.