A Beach Park man with a 2003 conviction for second-degree murder has been charged in a Thursday shooting in Waukegan in which one man was killed and another hospitalized with a gunshot wound to the head, according to police.

       Waukegan Police said Juan C. Garibay, 42, has been charged with one count of first-degree murder and a count of attempted murder for the shooting in the 1400 block of Lorraine Place. Police have not released the identities of the two victims.

       The men were in a backyard around 6:15 p.m. when a masked gunman opened fire on them. The first victim was shot in the head, and the second victim was shot in the back, according to police.

       The second victim, a man in his 30s, was pronounced dead at a hospital. The first victim underwent surgery for the gunshot wound to his head and was listed in serious condition. Police said he is a Waukegan resident in his 40s.

       The shooter fled the scene, but witnesses told police they believed Garibay was the shooter. Garibay and the first victim had gotten into a physical confrontation earlier in the week over an unknown issue, police said. The man who was killed was not involved in the initial fight, they said.

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       As the investigation continued Thursday, police said, Garibay surrendered at the Waukegan Police Department at around 10 p.m. He was scheduled to appear in bond court Saturday.

       Authorities said they recovered numerous 9 mm shell casings at the scene, but have not recovered the gun.

       According to Illinois Department of Corrections records, Garibay was released from prison in February on a felony conviction for driving with a revoked or suspended license.

       In 2004, he was sentenced to 15 years in prison after pleading guilty to second-degree murder, IDOC records said. According to a news report, Garibay was one of three men who in 2003 confronted a 19-year-old man whom they believed had taken stereo equipment from Garibay’s car.

       During the quarrel, one of Garibay’s accomplices fatally shot the man, reports said. The shooter fled the U.S. to Mexico, and authorities charged Garibay with second-degree murder.

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