The ATF agent shot in Chicago last week is out of the hospital.
But the man who's accused of shooting him "vehemently denies" that he's guilty. That's according to his attorney, who spoke for the first time with FOX 32’s Larry Yellen.
“I know it's been a tragic incident for this officer, his family, and the agency, but this was a rush to judgment,” said attorney Lawrence Hyman.
Hyman represents Ernesto Godinez, the suspected gang member charged with shooting an ATF agent in the face. Hyman says that despite his client's previous conviction for a shooting, and other prior arrests, Godinez did not shoot the ATF agent.
FOX 32: Is it his position that he was home that night?
“It is our position that he did not commit the crime,” Hyman said.
Hyman says the government's case rests solely upon an agent's speculation that it's Godinez who's seen on surveillance cameras at the time of the shooting.
“The individual that they see in the videos fits a description of Mr. Godinez. That's all that they have,” Hyman said.
Hyman also says Godinez was in possession of a valid passport over the weekend and if he thought he could have been blamed for this shooting, he easily could have fled.
“He had every opportunity. Instead, he believes in his innocence, we believe in his innocence, and he agreed to surrender,” Hyman said.
Godinez, Hyman says, is not married and lives with his sister and her autistic child on the third floor of a building owned by his mother. He's had two children, a 5-year-old and a one-year-old. Two years ago, he received this certificate for completed parenting classes, and just two months ago, he agreed to a joint parenting plan, outlining his responsibilities.
“It makes no sense why Mr. Godinez would throw all of that away, when he's starting a whole new life,” Hyman said.