Aurora– The Kane County State’s Attorney’s Office has dismissed charges against an Aurora man who had been suspected in a shooting that left another man critically injured.

David Gutierres Rico, 23, of the 300 block of Oakwood, turned himself in Nov. 7, after a warrant was issued charging him with attempted murder, aggravated battery with a firearm and aggravated discharge of a firearm.

Rico was charged with shooting Nakiya Griffin, 20, of the 900 block of Superior Street, Oct. 26, Griffin was riding in the handlebars of a bicycle operated by a 17 year-old acquaintance when he was shot at about noon in the 200 block of North Loucks Street, police said. He suffered numerous gunshot wounds to the hip and groin.

Rico’s attorney, David Camic, said Rico had an alibi. Camic credited Aurora police officers Brian Hester and Wayne Biles for their work in investigating this matter.

Sixteenth Circuit Judge Patricia Golden approved dismissal of the charges.

“I was held in the lockup for about a week or so,” said Rico, who believes he was wrongly arrested because he is listed on the police department’s gang list.

“I wanted to ask if they could take me off the gang list. I have been inactive, and it has been five years since anybody has seen me with any gang member,” Rico said. ” I want to be out of their photo album so that his doesn’t happen to me again.”

Rico said he had never been a gang member.

Aurora police spokesman Dan Ferrelli said he could not comment about Rico’s status on the gang list, but he added that officers had investigated and found probable cause when they arrested Rico.

“The list of gang members is intelligence, which is a far cry from probable cause, ” Ferrelli said. “That’s apples and oranges.”

Ferrelli, said police uncovered facts after taking Rico into custody which led them to conclude he had nothing to do with the shooting.

The open investigation and Supreme Court rules prevents police from giving further details, Ferrelli said

Kane County State’s Attorney Felony Division Chief Joe McMahon said that his office was made aware of additional witnesses once Rico was brought into custody. Aurora police responded promptly to his office’s request that police conduct interviews with those witnesses, he said.

Police continue to seek the person who fired the shots from a maroon vehicle.

Anyone with information is asked to call Aurora Police General Assignment Investigators at 630-859-0135 or Aurora Area Crime Stopper at 630-859-1910. Callers to Crime Stoppers remain anonymous and qualify for a reward of as much as $1,000 for information that leads to the arrest of a suspect.