Dorian free; killer still out there

JOLIET | The Lynwood police officer charged in last week's shooting death of a Hammond man near Beecher has been released from jail, and the murder charge against him is scheduled to be dropped Wednesday.

Word that Brian Dorian, 37, of Crete Township, was scheduled to be released was sent out by e-mail at about 6:30 p.m. Tuesday by the Illinois Victim Notification System, an online announcement service provided by the Will County Jail.

Will County Sheriff Paul Kaupas and Will County State's Attorney James Glasgow made the announcement Tuesday night. They said computer evidence proves Dorian could not be involved in two related shootings near Beecher and Lowell. The announcement came just hours after attorneys entered a plea of not guilty on his behalf in the shooting death of Rolando Alonso, 45, of Hammond.

"Brian Dorian can thank God for computer technology," Glasgow said. "Without that, our timeline still fits in this case. ... He's a cop. If he was in our shoes with a suspect under these circumstances, he'd act the same way."

Will County's top cop and prosecutor attributed the exculpatory evidence to a Will County investigator who was able to determine through electronically recorded keystrokes that Dorian was using his home computer about 11 a.m. Glasgow said ballistics tests indicate the same shooter was involved in both crimes.

"Based on the evidence, it would have been physically impossible for him to commit the crime," Glasgow said.

After the announcement, Dorian attorney Dave Carlson said he is "relieved, but concerned that there is someone still out there killing people."

According to police and prosecutors, at about 10:30 a.m. Oct. 5, Alonso, and Josh Garza, 19, of Dyer, were working for Dyer-based Rich Construction on a home in the 32000 block of Stony Island Avenue in Washington Township, Ill., near Beecher, when they were approached by a man who engaged them in conversation. The man opened fire, shooting Garza and Alonso, police said.

Alonso was killed, and Garza was struck in the right eye. A third Rich employee fled unharmed into a field, police said.

Investigators said the gunman then drove to 201st and Cline avenues, south of Lowell, where he shot farmer Keith Dahl, 64, three times. He since has been released from the hospital.

Authorities in Will and Lake counties began a manhunt for the shooter, eventually establishing a bistate task force.

Kaupas said that during the manhunt, Dorian was stopped by police while driving in Schererville and let go. Kaupas said he learned about the stop, and an officer later identified Dorian.

The Rich Construction employee who fled into the field also made an identification, telling police when he saw Dorian's 8-year-old Illinois driver's license photo, "That's him. He's just a little older now," Kaupas said.

Kaupas said investigators did not present the lineup to Dahl because he'd already seen media reports, and investigators did not want to taint their case. However, when he was presented with a photo of Dorian, Dahl told investigators, "If you put the ball cap on him, that's him," Kaupas said.

"The circumstantial evidence is uncanny in the case," Glasgow said. "The in-person identification during an in-person lineup gave law enforcement no choice (but to charge him)."

Dorian was arrested early Friday at his home and was being held on a $2.5 million bond. That was changed Tuesday to a personal recognizance bond, which requires only a signature.

A formal motion to dismiss the first-degree murder charge is scheduled to be filed at 9 a.m. Wednesday in Will County Court.

Day in court

Garza's aunt, attorney Kristina Garza, said it is her understanding that Glasgow's office is not expecting to refile charges against Dorian.

"That's fine," she said. "That's why we have civil courts. That's why we have civil suits. Joshua will eventually get his day in court. If it so happens that Brian Dorian occupies the defendant's chair, that's fine. If it's someone else, that's fine. Joshua will have his day in court."

Kristina Garza said her nephew opened his left eye for the first time Tuesday, and "not only gesturing with his hands about some of the particulars of what happened, but he also is able to write down a lot of information."

"We're waiting for the opportunity, when he is physically able to and emotionally able to -- with photographs and so forth -- either positively identify Brian Dorian or exclude him," Garza said.

Shooter still at large

With the realization that the person responsible for the shootings remains on the loose, Lake County Sheriff Rogelio "Roy" Dominguez said his investigators are pursuing the case.

"I've always said that our investigation remained open," Dominguez said. "I've requested any of our citizen with any information about the shooting in Lowell to please contact us. ... Our detectives are still following leads, we never stopped investigating. We will continue to follow leads and have submitted evidence to the Indiana State Police for forensic and ballistic analysis and are awaiting the results of that analysis."

Dominguez said his department will continue to work with Dahl as he recuperates from his wounds and his memory and recollection improves. He also said his department will provide any protection he requests.

"The shootings based on the evidence that we've collected, are random shootings, and there doesn't appear to be any motive or connection," Dominguez said. "It does not appear (Dahl) was the subject of the shooting based on a specific motive."

Relief, hard feelings

Lynwood police Sgt. Tim Smith, who trained and supervised Dorian at the department, attended Tuesday's hearing in Joliet and said afterward Dorian has an alibi for the time of the shootings.

"I know what he did during that time," Smith said. "I know what he did right after the shooting. They don't fit together."

Dorian is a patrol officer with the Lynwood Police Department, though he has been on medical leave since October 2009 with an on-duty shoulder injury. He also worked for a time with the Lansing Police Department before returning to Lynwood.

Former Lynwood Police Chief David Palmer, who worked with Dorian, questioned why Will County authorities moved so quickly to charge Dorian after arresting him shortly after midnight Friday.

I'm not sure why they moved that fast on it," Palmer said. "It's something nobody should have to go through. We know from time to time people are falsely arrested. I'm extremely grateful that (Will County) didn't dig in their heels like the Riley Fox thing."

Riley Fox was 3 years old in 2004 when her sexually assaulted body was found face down in a creek near her Will County home.

Her father, Kevin Fox, spent eight months in jail before DNA evidence exonerated him. He won nearly $9 million in a civil suit against the county for wrongful prosecution. Earlier this year, a convicted sex offender was charged with the crime.

"Brian will have a lot of scars for a long, long time, but just the fact that justice prevailed, that's great," Palmer said.

Former Lansing Police Chief Dan McDevitt, who also worked with Dorian, was "ecstatic" at the news of Dorian's release.

"Brian was a good cop. I was devastated all weekend after having heard this," he said. "If Brian is legitimately not involved in this thing, I hope to hell they catch whoever it is very quickly. For his sake, for his family's sake, I hope it's true. For the sake of the victims and the families, my heart goes out to them and I hope they get the guy who did this."

Dorian's father, John Dorian, expressed anger from his Lynwood home that Will County officials put his son through nearly five days of intense public scrutiny as the the prime suspect in the case.

"That's defamation of character, No. 1," John Dorian told WGN-TV. "No. 2, that's false arrest. You arrest someone for driving a pickup truck?"

Lynwood Police Chief Russ Pearson issued a written statement, calling on Will County authorities to issue formal apologies.

"As I have said in my previous statement, a rush to judgment is a mistake, which can destroy lives, careers and families. Officer Dorian's reputation has been damaged, and his family and fellow officers have been dragged through the mud.

"The Will County state's attorney owes the victims of the attacks, their families, Brian Dorian, the officers of the Lynwood Police Department and the residents of the village of Lynwood an apology for rushing to judgment, thereby causing a great deal of suffering and pain for everyone involved."

Diane Dorian, Brian Dorian's mother, issued a brief statement late Tuesday to the media outlets that gathered outside his home.

"He's tired, and he needs his rest," she said. "Everyone knows how much he appreciates the support."

Times staff writer Pete Nickeas contributed to this report.