A former West Chicago man became the second person charged in the 1996 shooting of a 6-year-old Aurora boy, authorities announced Oct. 17.

Mark A. Downs, also known as Mark Garcia, 31, was indicted Oct. 12 on two counts of first degree murder for his alleged involvement in Nicholas “Nico” Contreras’ death.

The boy had recently celebrated his sixth birthday and was asleep in a bed with his 8-year-old cousin at his grandmother’s home at about 5 a.m. Nov. 10, 1996, when he was shot twice in the back. He died instantly.

The case had been cold for 10 years when authorities announced in December they were charging Elias Diaz, 38, of Aurora, with first-degree murder for allegedly driving Nicholas’ killer to the Aurora home where he shot.

Diaz has been in custody at the Kane County Jail on $5 million bail since his arrest.
Kane County State’s Attorney John Barsanti said charges against Downs, who lived in West Chicago at the time of the shooting, were made possible by a cooperating witness who recently emerged. Barsanti said investigations into other gang-related cold cases helped lead to cooperating witnesses for other cases, including Nicholas’ death.

“It’s very satisfying to be able to put these cases together but we’re not done yet,” Barsanti said. “We feel we can convict all these guys.”

Barsanti would not elaborate on any details of the case, including whether authorities believe Downs was actually the shooter, but said others were likely involved.

Downs is imprisoned at the Big Muddy Correctional Center in Jefferson County. He is serving a 17-year sentence for attempted murder in a 2004 shooting in Aurora.