Man charged with murder after his passengers killed a passerby while painting gang tags: prosecutors

CHICAGO — It’s been three years since 57-year-old Albert Posey was shot dead in Chicago. This month, prosecutors charged Angel Avelar with first-degree murder, saying the gunmen were passengers in his car.

Avelar, now 22, was on bail for a felony gun charge when Posey was killed, making him the 56th person accused of participating in a murder, attempted murder, or shooting while awaiting trial for a felony in 2020.

It was about 3 a.m. on December 28 when Avelar, driving his father’s Chevy Tahoe, rolled to a stop in the 2300 block of South Wood, prosecutors said during a detention hearing this month.

A couple of his friends jumped out of the passenger seats and spray-painted the area with Latin King graffiti while Avelar recorded them on his phone, according to prosecutors. At one point, one of the taggers pulled out a gun and put it back in his pocket.

Posey drove past the Tahoe within a few minutes and stopped his car. He got out, looked back at them, and returned to his vehicle, according to prosecutors. Avelar pulled the Tahoe closer to Posey, and at least one of the taggers opened fire on Posey from the passenger side, officials said. He was shot throughout his body and died.

Angel Avelar | Chicago Police Department

Chicago police officers stopped Avelar’s Tahoe a few hours later. He and the two taggers were still inside, prosecutors said. Investigators found gunshot residue in the SUV’s back passenger area. They also seized Avelar’s phone, which allegedly contained videos of the tagging. Its GPS data put him in the area of the murder when Posey was killed, prosecutors said.

Just two months ago, a man who is now 19 was charged with the murder, according to CPD records. But his case does not appear in the court clerk’s database, which suggests he may be charged as a juvenile.

About five months before the shooting, Chicago cops said they found a handgun in Avelar’s car during a traffic stop. Prosecutors charged him with felony gun possession, and Judge Arthur Willis ordered him to pay a $500 bail deposit to go home, according to court records. Avelar left jail on an ankle monitor the next day. Just five days later, though, Judge Edward Maloney released Avelar from electronic monitoring.

He received probation in the case, which he completed last month.

Avelar is now detained as a public safety threat by order of Judge Maryam Ahamd.

The “not horrible” series

This report continues our coverage of individuals accused of killing, shooting, or trying to kill or shoot others awaiting trial for a felony allegation. CWBChicago began our series of reports in November 2019 after Cook County Chief Judge Timothy Evans publicly stated, “We haven’t had any horrible incidents occur” under the court’s bond reform initiative.

The actual number of murders and shootings committed by people on felony bail is undoubtedly much higher than the numbers seen here. Since 2017, CPD has brought charges in less than 5% of non-fatal shootings and 33% of murders, according to the city’s data. 

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Previous reporting

2024 “not horrible” cases

2023 “not horrible” cases

2022 “not horrible” cases

2021 “not horrible” cases

2020 “not horrible” cases

2019 “not horrible” cases

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CWBChicago was created in 2013 by five residents of Wrigleyville and Boystown who had grown disheartened with inaccurate information that was being provided at local Community Policing (CAPS) meetings. Our coverage area has expanded since then to cover Lincoln Park, River North, The Loop, Uptown, and other North Side Areas. But our mission remains unchanged: To provide original public safety reporting with better context and greater detail than mainstream media outlets. Our editorial email address is news@cwbchicago.com