CHICAGO (STMW) — A Lawndale man shot his brother in both legs during an argument over clothes, then fatally shot a 74-year-old man who saw the initial shooting and asked what was going on, prosecutors said.

Elbert Fox, 32, of the 1500 block of South Harding Avenue, is charged with first-degree murder and aggravated battery in connection with the Oct. 29 shooting of 74-year-old Webster Gator, according to a police News Affairs release.

On Friday, Fox was denied bond and a preliminary hearing was set for Nov. 23, Cook County State’s Attorney’s office spokeswoman Tandra Simonton said.

Prosecutors said Fox began to argue with his 30-year-old brother about clothing, with Fox insisting his brother was taking his clothes. The two had argued about the matter for more than a week.

About 7 a.m. on Saturday, the brother came home and was confronted by Fox. That’s when Fox took out a gun and began shooting at him in the street in front of their apartment. Court records indicated Fox lived in the front apartment at 1522 S. Harding, while his brother lived in the rear apartment.

The 32-year-old man was hit multiple times in the legs. And when Gator, a maintenance worker for the building, walked by, he saw Fox shooting at his brother and asked what was going on, court records said.

Fox stopped shooting, turned and ran towards Gator, and shot him in the face, prosecutors said. Fox then ran behind the building. A witness who heard shots saw him fleeing. After Fox’s brother was shot, he saw Fox walking down the gangway, then witnessed and heard another shot. Fox also made a third-party confession to shooting both his brother and Gator.

Fox was found in Cicero hiding in a witness’ van, prosecutors said. His brother was taken to Mount Sinai Hospital with through-and-through gunshot wounds to both thighs, as well as a gunshot wound to his shin. Authorities said he is still unable to walk.

Gator, of 1148 S. 2nd Ave. in Maywood, was pronounced dead at 6:15 a.m. Saturday at Mount Sinai, the Cook County Medical Examiner’s office said. Court records indicated he died from a gunshot wound above the left eye, which exited the back of his head.

Fox has a criminal history which includes six felonies. In 2005 he was sentenced to seven years in federal prison for possession of cocaine with intent to deliver; he remains on probation. Fox also served time in state prison for two additional drug cases.

(Source: Sun-Times Media Wire © Chicago Sun-Times 2010. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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