Suspect released from custody on monitoring, judge ruled Tuesday
CHICAGO (WLS) -- The family of a Chicago woman is suing a suburban nightclub for wrongful death.
Zulma Daniela Calderon Pacheco, 21, was shot and killed while on the dancefloor at Mansion Live Nightclub on Saturday, March 8.
Kevin Henley Jr., 35, was working as a security guard that night. He allegedly fired the gun that killed Calderon Pacheco.
The security guard was charged with involuntary manslaughter and aggravated unlawful use of a weapon on Monday.
According to Stone Park police, a fight broke out inside the nightclub. Investigators say Henley pulled out a gun and fired one shot, hitting Calderon Pacheco in the face as she was dancing with her boyfriend.
"Everything happened so fast, and she just dropped," boyfriend Joel Chimborazo said.
READ MORE | Security guard charged in woman's Stone Park nightclub shooting death: police
Stone Park police said the village has temporarily shut down the nightclub.
Henley works for JMC Security LLC. and does not have a FOID card, police said.
ABC7 Chicago learned that JMC Security LLC was involuntarily dissolved in March 2024 after failing to file an annual report, according to the Secretary of State's Office.
A judge ruled Tuesday that Henley is to be released on GPS monitoring, pending trial, despite being on probation for a similar gun charge related to a separate incident.
The judge called the facts surrounding Calderon Pacheco's death tragic, with an unintended outcome.
Henley appeared in court in Maywood Tuesday morning in handcuffs.
"The offender is a bouncer who had been employed by the nightclub for approximately two weeks. The bouncers in this club are not supposed to be armed," Cook County Assistant State's Attorney Jose Villareal said.
And, by law, Henley was not legally allowed to have a gun anywhere. At the time of the nightclub shooting at Mansion Live, where Henley worked as a bouncer, he was on probation as a first-time weapon offender.
Henley's defense attorney said this all started as he attempted to stop some men from groping a group of women.
In court, prosecutors allege the details of Henley's story had changed several times, claiming Henley initially said he intended to fire a warning shot while he was being beaten by a group of men on the dance floor, before walking it back, and saying it was not his intention to fire his weapon.
"The victim was not involved in the altercation with the offender. The victim was shot in the face," Villareal said.
When the judge ruled to let Henley out on electronic monitoring, she cited his background of being absent of abusive and/or violent behavior. And, as a result, she said detaining him is not appropriate.
Calderon Pacheco's family has been left heartbroken and traumatized, asking how this could've happened.
Attorney Timothy J. Cavanagh is representing the victim's family.
"They failed Zulma. They failed this entire family on March 8; they hired a security firm and a security guard that was a criminal," Cavanagh said.
A lawsuit was filed against the nightclub, the security company it uses and the security guard.
Investigators are also looking into the security company itself.