Case Number: 10517
Macek, Joe - Age 63 - Death due to a gunshot wound received 9:40 PM, 9/9/28, in his restaurant at 1701 Racine Ave., at the hands of an unknown bandit when he resisted robbery. 21 Dist. On 10/15/28 Mike Smolinski was booked for murder and Frank Giedras and Joe Zukowski and Steve Chirka as accessories. All four were indicted 10/22/28. 11/15/28 - Chirka trans. to Juv. Ct. - J. Sullivan. 1/30/29 - Jukowski - Smolinski & Giedras all acquitted - Taylor.
Circumstances
| Date of Offense | September 9, 1928 |
|---|---|
| Date of Death | September 14, 1928 |
| Time Between Offense and Death | Within 1 week but more than 1 day |
| Address | 1701 Racine Ave. |
| Type of Location | Place of business |
| Type of Death | Homicide |
| Type of Homicide | Other murder, felony murder |
| Characteristics | victim resisting robbery |
| Method of Killing | Other gun, gun unspecified |
| Weapon | death due to gunshot wound a few days prior, gun u |
| Motive | victim resisting robbery |
| Victim Initiated Events Leading to Homicide | No |
| Description | Robbery |
| Total Number of Victims | 1 |
| Number of Defendants | 4 |
| Related to Organized Crime | |
| Type of Business | Restaurant, food kitchen, other public eating place, hotel public place |
Victim
| Name | Macek, Joe |
|---|---|
| Age | 43 years |
| Gender | Male |
| Race | White |
| Employed | Yes |
| VictimEmploymentType | Employed, high white collar (merchant, etc.) |
| Ethnicity | Greek |
| Occupation/ Skill | Store owner, hotel owner |
Defendant
| Name | Mike Smolinski |
|---|---|
| Gender | Male |
| Ethnicity | Polish |
| Race | White |
Police
| Precinct | 21 |
|---|---|
| Allegations of Police Corruption | No |
| Date Defendant Arrested | 15-Oct-28 |
| Defendant Identified at Scene | No |
| Time Between Crime and Arrest | Weeks |
| Total Number of Defendants Arrested | 4 |
Legal
| Charges Against Defendant | No |
|---|---|
| Trial Judge | Taylor |
| Type of Legal Decision Recorded | Coroner, trial |
| Allegations of Police Corruption | No |
| Date of Grand Jury Decision | October 22, 1928 |
| Date of Sentence | January 30, 1929 |
| Felony Murder Classification | Robbery |
| Outcome of Grand Jury Decision | Indictment, other homicide, homicide unspecified |
| Outcome of Trial | Acquitted |
