At prosecutors' request, new judge takes over case of four charged in murder of Officer Aréanah Preston
CHICAGO (CBS) -- It's been almost two months since Chicago Police Officer Aréanah Preston was shot and killed in a robbery attempt outside her home in the South Side's Avalon Park neighborhood.
There has now been a change in the case.
We have been digging into why a new judge is set to preside over the trial of the four suspects charged.
Preston was killed early on Saturday, May 6, during a robbery outside her home in the Avalon Park neighborhood. The 24-year-old had just finished her shift when police said four people tried to rob her just steps from her door.
Jakwon Buchanan, 18, Joseph Brooks, 19, Trevell Breeland, 19 at the time of the murder and now 20, and Jaylen Frazier, 16, all face multiple felony charges, including first-degree murder, armed robbery, possession of a stolen vehicle, and burglary. Frazier is charged as an adult.
All four are being held without bail.
Police have said they were out looking for robbery victims in the overnight hours from May 5 into the morning of May 6. They are connected to multiple robberies and a motor vehicle theft earlier that morning, leading to the murder of Officer Preston.
The four suspects pulled up in a stolen vehicle, a red Kia in the 8100 block of South Blackstone Avenue in the Avalon Park neighborhood, authorities said. They approached Preston, who was in uniform, while armed.
One of the robbers fired shots at Preston, who returned fire. Police say at least two of the suspects fired weapons.
The robbers continued to shoot at her, and one of them took Preston's weapon before fleeing the scene, police said.
The four defendants were arrested within the week and charged with Preston's murder and the other armed robberies that night. All have lengthy juvenile records.
This week, prosecutors filed a petition for substitution. CBS 2 Legal Analyst Irv Miller explained the move.
"Each side, within the first 10 days of a case getting assigned to a judge, either side can ask for a new judge for no real reason," Miller said.
The filing indicates prosecutors believe the judge, Carol M. Howard, would be prejudicial to their case.
"There's nothing major on either side for her or against her," Miller said. "But the state, in their judgment, saw that there's something about her that they would rather have somebody else."
Ballotpedia - a nonprofit election information resource – shows two previous media reports indicating some of Judge Howard's rulings may show she is soft on crime.
The Cook County State's Attorney's Office would not comment on why they asked for the judge substitution, because the case is ongoing.
But Miller says it's not an ordinary tactic taken. So why did prosecutors make this move?
"It's probably the most important decision there is besides the selection of a jury," Miller said. "You want the judge to be knowledgeable about the law, has handled important murder cases before, and that you think will be a favorable judge to your side of the case."
The new judge assigned to the case is Adrienne Davis, who has been on the bench in Cook County since 2018.
"Frankly, it's rolling the dice," Miller said. "You never know if the judge you're going to get is better than the judge you already have."
Davis' first order sets key dates for the case, including expectations that the trial wouldn't wrap up until June 2025.
"She's a former public defender - handled many murder cases," Miller said. "She was in the murder task force in the Public Defender's office.
All four defendants were arraigned and entered not guilty pleas on the multiple counts they face.
