Opening statements and testimony from a key witness were heard Tuesday morning at the beginning of Dylan Lovato’s trial.
Lovato, now 25, is charged with murder in the March 9, 2022 shooting death of Ivan Almanza, 23, while Almanza slept in the bed of Lovato’s ex-girlfriend.
First Assistant State’s Attorney Susan Maxwell told the jury that Lovato started dating a fellow Western Illinois University student in the summer of 2019.
Lovato and Emily Check moved in together at the start of the 2021-22 school year, but she broke up with him in January, 2022. She stayed in the apartment on North Charles Street while Lovato, who had graduated, moved to his parents’ home in Beach Park, a suburb north of Chicago.
Check began hanging out with Almanza, who was in Sigma Pi, the same fraternity that Lovato had belonged to.
Maxwell said that on the night of March 8, 2022, Lovato contacted Check numerous times, and told her he would hurt Almanza.
Maxwell said Lovato then stole two guns from his father’s gun case, dressed in dark clothing, and made the four-hour drive to Macomb in the middle of the night.
He first went to Thompson Hall to speak with a friend and give him money “to take care of” Lovato’s family.
Maxwell said Lovato then drove to the apartment, let himself in with the key he still had, and shot Almanza in the head.
Maxwell said, “There were three shots, two guns, and one shooter: Dylan Lovato.”
She said he had numerous opportunities to make another choice but didn’t.
Defense attorney Justin Bougher countered that this should not be tried as a first-degree murder case. He said it’s not a whodunnit, and told the jury not to listen to the who but rather the why.
Bougher said what happened was “a crime of passion, a tragedy on a Shakespearian level,” and the case should have been tried as a second-degree murder.
First-degree murder involves premeditated actions, while a charge of second-degree murder concerns actions that are not planned.
Bougher also told jurors that Lovato suffered from depression and anxiety, and was suicidal at times. He said in the heat of the moment, Lovato made a mistake that he will have to live with for the rest of his life.
Testimony from the ex-girlfriend
The bulk of Tuesday morning’s testimony came from Check. She graduated from WIU in May, 2022, with a degree in physical education. She met Lovato in 2018 through a scuba diving class at WIU – they both minored in the subject.
They started dating after their freshman year.
Check said it was a toxic and abusive relationship. She said the abuse was emotional, not physical. He was constantly yelling, screaming, and putting her down.
She tried to break up with Lovato, but he would get distraught and start punching himself in the side of his head. He would also threaten to hurt himself when they argued.
She said when she finally did break up with him in January, 2022, he moved out but left behind a few items she would need during her final semester in the apartment, such as a TV stand and kitchen utensils.
Check said they talked occasionally after the break-up, then he started contacting her more and more through Snapchat, phone calls, or texts.
At the same time, she was spending more time with Almanza. They would play board games, cook, watch movies, and generally hang out. She said they were not in an intimate relationship and were not dating, though they had talked about it.
Check said Lovato tried contacting her numerous times on the night of March 8, 2022 before they finally talked. Lovato had learned Check was spending time with Almanza, and threatened to harm him.
Almanza was not with Check at the time, but she contacted him later. They went for a long walk, talked about what happened, ate snacks, watched a movie, and went to bed.
Check was dog sitting at the time, and said the dog – she believes it was an Australian shepherd – started barking at around 4 a.m. on March 9. She got up, saw the front door was open, and tried to corral the dog to prevent it from escaping. She then turned on the living room lights.
After that, she heard two gunshots and saw Lovato leave the bedroom. She said Lovato walked past her with a gun in his hand, said, “I’m sorry. I love you,” and left.
She said Lovato tried to hide the gun, and did not point it at her or threaten her.
Check then went to the bedroom, where she saw Almanza had been shot in the head. Blood was splattered everywhere. She tried to help him while calling 911. At one point, she hung up, so the dispatcher called back.
The 911 audio was played in court. On the recording, she named Lovato as the shooter, and said she didn’t know where he had gone.
Check wiped away a tear with a facial tissue after hearing the audio. Lovato, dressed in a dark blue suit, leaned back in his chair at the defense table.
Maxwell then asked Check to tell jurors who shot Ivan Almanza. Check looked at the jury and said, “Dylan Lovato.”
Upon cross-examination from defense attorney Andrew Stuckart, Check said she never told Lovato that Almanza was coming over that night – Almanza only decided to come over after the phone conversation.
Check also said she did not see the actual shooting, and that she had never seen Lovato with firearms when they were together.
Upon redirect from Maxwell, Check said she did not see anyone else in the apartment besides Lovato and Almanza, and Lovato was the only one she saw with a gun.
After the shooting
A Lifeguard ambulance arrived at the apartment complex at 4:41 a.m. and paramedics started treating Almanza at 4:42 a.m.
They then transferred Almanza to MDH, where the ER doctor said Almanza suffered three gunshot wounds to the head.
He was pronounced dead at 5:09 a.m. on March 9, 2022.
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