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3 Acquitted Of Charges In E2 Nightclub Stampede

Business Partner, Manager, Promoter Found Not Guilty

 SLIDESHOW: E2 Nightclub Tragedy Of 2003

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CHICAGO (CBS) ― A business partner, manager and promoter have been acquitted of charges stemming from a deadly stampede at the E2 nightclub four years ago.

Criminal Court Judge Dennis Porter delivered not guilty verdicts for "silent partner" Calvin Hollins Jr., promoter Marco Flores and Hollins Jr.'s son, club manager Calvin Hollins III.

Friday, in a 13-page ruling, Porter said the state had "not proved beyond a reasonable doubt that the defendants were reckless."

A fourth defendant, club owner Dwain Kyles, will be tried separately.

Twenty-one people were killed in the Feb. 17, 2003, stampede in the nightclub, formerly at 2347 S. Michigan Ave. Criminal charges of involuntary manslaughter were brought against the defendants the following September.

The ruling Friday came in response to a defense motion for a directed verdict, arguing that the prosecution did not prove its case and no defense is necessary. Since the judge agreed with the motion, the defendants are now free to leave.

"This proves what we were saying back a year and a half ago, that the grand jury never had enough evidence to indict," said Flores' attorney Raul Villalobos.

"I honestly knew I didn't do anything wrong," Flores said.

Hollins Jr. says testimony proved he and the others were not responsible.

"It was just people who were reckless that night, running down the stairs and doing just crazy things which had nothing to do with us at all. You know, we had no control," Hollins Jr. said.

"I think a lot of people, maybe public officials were trying to cover their backside," said Thomas Breen, Hollins' attorney.

Despite this stinging defeat, prosecutors still believe the men are guilty.

"The judge found all the defendants not guilty and we disagree with that, so sure we believe it," said Assistant State's Attorney Robert Egan.

CBS 2 legal analyst Irv Miller says there's no doubt something awful happened that night in February of 2003, but it wasn't criminal.

"This was a negligent act," he said.

Kyles' trial was postponed until a later date after Porter threw out a housing court memorandum shutting down the club, which prosecutors had considered a key piece of evidence. Porter sent the jury home on the day last month that Kyles' trial was scheduled to begin.

The grand jury indictment in the case said the owners willfully packed the club with about 1,200 people on the night of the stampede, roughly five times its capacity of 240. Fifty-seven people were injured.

In addition to the criminal case, more than 60 civil lawsuits were filed by victims of the stampede. A $1.5 million settlement was reached in the case last year with some of the defendants.

Hollins Jr. and Kyles, a former lawyer for the city, also have pleaded not guilty to contempt of court charges in a separate Housing Court case accusing them of violating an order to close E2 because of building code violations. A jury trial in that case ended in a mistrial two years ago, and the case has been on hold since.

Victims' Families Upset, Enraged Over Judge's Decision

As CBS 2's Suzanne Le Mignot reports, the acquittals are especially difficult for the families of the E2 victims. Many were in tears following the judge's decision.

David McGraw's daughter LaToya was among the people who lost their lives in the stampede. McGraw says he can't understand how a judge dismissed all the charges against the club defendants because prosecutors failed to prove their case.

"I'm just upset right now at the decision and I have to pray on it," McGraw said Friday. "I have to go out and visit my daughter's grave everyday and I feel like it's an injustice."

The parents of DaShand Ray are vowing to seek justice in the civil courts.

"There's just no justice in this world today, they took my son's life, and now..." said Mary Ray, DaShand's mother.

"What went wrong was the fact the place should have been closed, they were in violation of a city ordinance and somehow, the city ordinance was not enforced," said Howard Ray, the victim's father.

"The housing department, someone should have been coming around inspecting this place," Mary Ray added.

"Somebody from the city, should have been investigating to make sure that the place was shut down," Howard Ray said.

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