GARY — A second suspect has been charged in the July 5 drive-by shooting that killed 10-year-old Montana Weathers and critically wounded a 51-year-old man outside a family gathering in Gary.

Lake County Prosecutor Bernard A. Carter announced Thursday that Israel Olivas, of Chicago, has been charged in connection with the homicide of Montana Weathers and the attempted murder of Raymond Delgado. Olivas is the second person charged in the case, following charges previously filed against Ernesto Posadas.

According to court documents, investigators with the Lake County Prosecutor’s Homicide Task Force identified Olivas through an extensive investigation that included witness interviews, Ring doorbell video, license plate reader technology, forensic evidence and surveillance footage collected throughout Northwest Indiana and the Chicago area.

“This case remains an active prosecution, and it would be inappropriate to discuss the evidence or facts beyond what has been filed in court,” Prosecutor Carter said. “Our responsibility is to protect the integrity of the judicial process while ensuring that every defendant receives a fair trial while pursuing justice for Montana Weathers, the surviving victim, and their families.”

According to the probable cause affidavit, Gary police responded around 12:46 a.m. on July 5 to 237 Chase Street after reports of gunfire.

Witnesses told investigators a vehicle pulled up outside the residence and opened fire on a Fourth of July family gathering. During the attack, 10-year-old Montana Weathers was struck in the head and killed, while Raymond Delgado suffered a gunshot wound to the abdomen. Authorities said Delgado remained in critical condition following emergency surgery.

Investigators determined Montana died from a gunshot wound to the head, and the Lake County Coroner’s Office ruled the death a homicide.

The investigation revealed that Posadas had attended the family gathering earlier in the evening with his girlfriend and her son.

Witnesses said Posadas argued with his girlfriend during the party after she became intoxicated. Family members intervened after Posadas allegedly became aggressive toward her, with one relative striking him to protect her.

According to investigators, Posadas left the party between 10:00 and 10:30 p.m., taking her Ford Focus without permission. She later reported the vehicle stolen to the Chicago Police Department.

Ring camera footage from the residence captured the confrontation earlier in the evening, including a woman yelling, “Nobody is going to put their hands on my mom.”

Roughly two hours later, investigators say Posadas returned, but this time in a black Chrysler Pacifica owned by Israel Olivas.

Detectives say Ring doorbell footage shows the Pacifica pulling up in front of the home moments before the shooting.

According to the affidavit, Posadas exited the driver’s side wearing the same distinctive Chicago Bears T-shirt he had worn earlier that evening. Investigators say he walked toward the residence, yelled “Who punched me?” several times while displaying a handgun, and then began firing toward the front porch with another armed man believed to be Olivas.

Video allegedly shows both men firing multiple rounds toward the crowded porch before running back to the waiting minivan.

A family member inside the home immediately returned fire, striking the fleeing vehicle before it sped away.

Investigators say multiple pieces of evidence linked Olivas to the attack.

According to the affidavit:

  • The black Chrysler Pacifica used during the shooting was registered to Olivas.
  • License plate reader cameras tracked the Pacifica traveling from Chicago into Gary shortly before the shooting and back toward Illinois afterward.
  • Surveillance cameras captured Posadas parking Claudia Salazar’s stolen Ford Focus near South Harding Avenue in Chicago, where Olivas lives, before getting into Olivas’ Pacifica.
  • Additional surveillance showed the Pacifica stopping at the girlfriend’s residence, where investigators believe Posadas vandalized the home before driving to Gary.
  • Ring camera footage and enhanced surveillance allegedly show the second gunman matching Olivas’ body type, facial hair, beard pattern, skin tone and clothing.
  • The girlfriend identified Olivas from a photo lineup as a man she knew by the nickname “Oso,” Spanish for “Bear,” and told investigators he regularly drove the Chrysler Pacifica involved in the shooting.

Investigators also executed a search warrant on the Pacifica, where they recovered Posadas’ distinctive Chicago Bears shirt, now stained with bleach, along with three spent bullet projectiles lodged inside the vehicle.

Police documented five to six bullet holes and two shattered windows in the Pacifica, consistent with return gunfire fired by Dominico Rojas during the attack.

Following his arrest, Posadas initially denied ever being in Indiana on July 4, telling detectives he stayed in Chicago and went to sleep early.

After investigators confronted him with surveillance footage, Posadas admitted attending the Gary gathering but denied returning later or participating in the shooting.

When investigators informed him that 10-year-old Montana Weathers had been killed, the affidavit states Posadas responded by asking, “The midget?”

Detectives later showed Posadas still images taken from the Ring camera. According to investigators, he initially identified himself in the surveillance images before reversing his statement and denying he was the person depicted. When questioned further, he requested an attorney.

Authorities say approximately eight to ten spent 9mm shell casings were recovered from where the shooters stood outside the home, while additional shell casings from the return gunfire were found near the residence. Investigators also recovered bullets from inside the home and documented blood evidence near the front entrance where the victims were struck.

Olivas’ criminal history includes prior Illinois convictions for robbery and aggravated robbery, making him a serious violent felon under Indiana law, according to the affidavit.

The Lake County Prosecutor’s Office credited Detective Morgan Salazar, the Lake County Prosecutor’s Homicide Task Force, Gary Police Department, Indiana State Police, the Lake County Crime Scene Investigation Unit and assisting law enforcement agencies for their work on the case.

The investigation remains active. Anyone with information is asked to contact Detective Morgan Salazar at 219-755-3720.

As with all criminal cases, the charges are merely allegations, and both defendants are presumed innocent unless and until proven guilty in court.