RACINE COUNTY — A Racine County judge vacated the murder conviction of a man sentenced to life in prison for a 2000 cold case killing, leaving the victim's family fearing justice is in jeopardy.
Miguel Cruz is back in the Racine County Jail awaiting a new trial after a successful appeal. He was previously convicted in 2021 of shooting and killing Juanita Zdroik.
Watch: Why the son of a woman who was shot and killed in 2000 is fearful after the alleged perpetrator filed a successful appeal, granting him a new trial.
"My mother was murdered in cold blood, and now he's going to get off like it's nothing?" Zachary Zdroik said.
Zachary was 13 years old when his mother was murdered. Court records show Juanita witnessed a double homicide in Milwaukee. She was then taken to a rural highway in Racine County, pulled from a car, and shot in the head.
"My mom was going hysterical after they killed the people in the car," Zachary said.
The case went cold for nearly two decades. Witnesses finally came forward more than a decade later, pinning the murder on Cruz. Court documents show one witness told detectives that Cruz shot Juanita in the head, got back in the car, and said, "This is what happens to snitches."
“Do you believe Cruz killed your mother?” Investigative Reporter Ben Jordan asked.
"Yes. There's no doubt in my mind," Zachary said. "And all the evidence, all the eyewitnesses, everything they said. I know he did."
Zachary said his family had faith in the criminal justice system after Cruz was convicted, but now believes the same system could fail them.
Sentenced to life in prison, Cruz fought the conviction and won, paving the way for a new trial as the charges were not dismissed.
"They basically said, we're going to run it back. And I'm like, 'Why?'" Zachary said. "I remember sitting there in the courtroom and being numb, like, why do we have to do this again?" Zachary said.
Court documents obtained by TMJ4 show Cruz's attorneys argued his former defense had neglected to question two issues: A former Milwaukee police detective's credibility and DNA evidence.
Court documents show former Milwaukee Police Department Detective Gilbert Hernandez was among the investigators who interviewed the witnesses.
Cruz's legal team argued his former lawyers should have questioned Hernandez about other cases involving alleged misconduct, particularly a false confession in a wrongful murder conviction in 2005.
"I was like, well, was there any corrupt history in my mom's case? They're like, well, no, but these cops have a corrupt history in other cases," Zachary said. "I was like, why does that play a factor in my mom's? That makes no sense."
Cruz's new lawyers also argued the DNA results should have excluded Cruz from the scene, but DNA under Juanita's fingernails was presented by the analyst as inconclusive.
While the case is scheduled to go back to trial, Zachary said prosecutors told him it may not get there.
"All they told us is we are discussing a plea deal. And that could mean that he can get out very soon," Zachary said.
The Racine County District Attorney said plea negotiations can be ongoing, but no agreement has been reached.
"I don't accept that," Zachary said.
When asked if Zachary wants the case to go back to trial, he replied, “Absolutely. Cutting a plea deal with a man who murdered my mom? No. No son would."
TMJ4 has reached out to Cruz's attorneys several times to request an interview, but we have yet to hear back.
This reporting was conducted in partnership with the Racine County Eye.
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