Brother gets probation after shooting Mickey Venegas at his burrito shop

Richard Venegas, 67, will spend the next 30 months on probation after a court found him guilty of felony reckless conduct in a 2023 shooting at his brother's restaurant. The sentencing took place in La Salle County Circuit Court on Friday, ending a case that began after Richard Venegas fired a handgun at Mickey's Massive Burritos in La Salle.

The incident occurred on March 22, 2023. Richard Venegas brought a Smith & Wesson pistol into the restaurant to show it to the owner, Mickey Venegas. Mickey had previously expressed interest in seeing the gun. Video surveillance from the restaurant captured Richard removing and reinserting the ammunition cartridge to check if the weapon was loaded. He did not realize a live round remained in the chamber.

The gun discharged, critically injuring Mickey Venegas, who was hospitalized. The owner survived the shooting. First Assistant La Salle County State's Attorney Jason Goode stated the state was satisfied with a 30-month conditional discharge. Goode noted that while the case was somewhat contested at trial, the state did not believe additional punishment was warranted beyond the probation and firearm restrictions.

Richard Venegas will not be able to lawfully own or possess another firearm. His FOID card was revoked by statute, and the Smith & Wesson pistol used in the shooting was confiscated and will be destroyed. When offered the chance to speak to the judge, Richard said, "I just feel bad about the fact that it happened."

Chief Judge H. Ryan Jr. denied the defense's request for a new trial. The judge stated there was no reason to deviate from the state's sentencing recommendation. Ryan acknowledged that the shooting was not an intentional act, stating, "I'm sure he didn't intend to shoot his brother." However, the judge ruled that the state proved reckless conduct by showing the act resulted in great bodily harm and represented a gross deviation from safety standards.

At the bench trial, defense attorney John Miraglia argued the shooting was an accident. Miraglia contended that an accident does not equal reckless conduct, stating that Richard made a mistake rather than committing a felony. The judge disagreed with the defense's characterization, ruling that the evidence supported the charge of reckless conduct.