Opening arguments are underway in the trial of the Hispanic gang member accused of gunning down black high school football player Jamiel Shaw, who was shot to death near his home in March 2008

Latino gang member Pedro Espinoza, now 23, faces the death penalty if convicted. Shaw was gunned down near his Arlington Heights home on March 2, 2008, while the teen talked on the phone with his girlfriend. Prosecutors told jurors that Shaw was targeted because he was carrying a red Spider-Man backpack. The colors, claim Deputy District Attorney Bobby Grace were all it took to signal to Espinoza that Shaw was a member of a rival gang. Shaw did not have any gang affiliations. "Pedro Espinoza would not let this opportunity pass," said Grace in court. At the time of his arrest, Espinoza had been residing in the United States illegally, and had just been released from jail on a firearms charge the day before Shaw was killed.