In the Courts: 50 Years in Decades-Old Murder, Synthetic Drugs Conviction
Here’s a roundup of Kane County State’s Attorney’s Office news releases from Friday, Feb. 3, through Thursday, Feb. 9, 2017.
AT RESENTENCING, AURORA GANG MEMBER GETS 50 YEARS IN DECADES-OLD MURDER
An Aurora street gang member has been resentenced for his role in a 1990 murder.
Michael A. Luciano, 44, of Mesa, AZ, and formerly of Aurora was sentenced by Associate Judge Linda Abrahamson to 50 years’ imprisonment in the Illinois Department of Corrections for the Halloween 1990 murder of 24-year-old Albert Gonzalez of Aurora.
Luciano was convicted Nov. 7, 2008, of first-degree murder. Prosecutors presented evidence during the trial that at about 7:20 p.m., Oct. 31, 1990, Gonzalez was shot to death through a window as he stood in his home in the 300 block of Grove Street, Aurora.
The shots were fired from a grassy hillside adjacent to railroad tracks that were across the street from the home.
Two other people in the house suffered gunshot wounds, but survived. Michael Luciano, along with his father, gang leader Angel “Doc” Luciano, ordered the shooting, handed out the murder weapons beforehand and collected them afterward.
Two others were convicted and sentenced in connection with Gonzalez’s murder.
In January 2009, Michael Luciano was sentenced to life in prison in the case. The life sentence was mandatory under Illinois law at the time because he had previously been convicted of murder. Luciano was convicted in February 2008 of first-degree murder in the June 29, 1989, shooting death of 20-year-old Willie Arce of Aurora. He was sentenced to 38 years’ imprisonment.
Luciano was 17 years old at the time of both murders.
The U.S. Supreme Court in 2012 ruled in Miller v. Alabama that mandatory life sentences given to juveniles are unconstitutional. As a result, Luciano’s cases were returned to the trial court for resentencing.
The 38-year sentence for Arce’s murder stands, making Luciano’s total sentence of imprisonment 88 years.
According to Illinois law, the prison sentences are to be served consecutive to one another. Luciano is eligible for day for day sentencing because the murders were committed prior to Illinois’ Truth in Sentencing law.
He receives credit for time already served in prison and the Kane County jail.
Both cases were part of the multi-jurisdictional “Operation First Degree Burn” cold-case sweep indicted by a special grand jury in June 2007. Dozens of gang members and former gang members were indicted in nearly two dozen cold-case murders following investigations by the Aurora Police Department and the FBI.
Kane County State’s Attorney Joe McMahon said:
“Michael Luciano was a leader in a violent street gang at a time when street gangs notoriously kept the citizens of the city of Aurora on edge. Despite his young age, he was a violent criminal who murdered two people.
“When the citizens of Aurora began to push back against the gangs, he fled the community where he had inflicted so much damage and thought he would escape accountability. But as we’ve seen so many times, the past has a way of catching up to criminals. Good police work uncovered the truth, and he was brought to justice. An exceptionally long prison sentence is the only way to protect the citizens of Aurora and this state from him.
“Thanks again to the Aurora Police Department, the Federal Bureau of Investigations, and everyone who had a role in Operation First Degree Burn. Ten years later we continue to see the positive impact of this joint federal and state investigation.”
The case was prosecuted by Kane County Assistant State’s Attorney Kelly M. Orland.
ELGIN MAN GETS PRISON FOR POSSESSING, SELLING SYNTHETIC DRUGS
An Elgin man is headed to prison for possessing large amounts of synthetic narcotics at his home, as well as selling synthetic narcotics at his Algonquin business.
John G. Monteleone, 48, of the 100 block of Brookside Drive in Elgin, was sentenced last week by Associate Judge Linda Abrahamson to six years’ imprisonment in the Illinois Department of Corrections.
Monteleone was convicted Nov. 4, 2016, by Judge Abrahamson of unlawful possession of more than 200 grams of a controlled substance with intent to deliver, a Class X felony, unlawful possession of more than 200 grams of a controlled substance, a Class 1 felony, unlawful delivery of less than 50 grams of a controlled substance, a Class 2 felony, and unlawful possession of drug paraphernalia, a Class A misdemeanor.
Kane County Assistant State’s Attorney Kelly M. Orland and Illinois Assistant Attorney General Gregg Gansmann presented evidence during the trial that on Sept. 25, 2013, John Monteleone and his wife, co-defendant Tracy Monteleone, 46 (d.o.b. 8- 31-1970), of the same address, were knowingly in possession of, with the intent to sell, more than 200 grams of a controlled chemical substance that is commonly known and distributed as synthetic marijuana. In addition, John Monteleone was in possession of between 2.5 and 10 grams of marijuana and drug paraphernalia.
The North Central Narcotics Task Force and the Algonquin Police Department conducted the three-month investigation. At about noon Sept. 25, 2013, the agencies served a search warrant at John Monteleone’s business in the 1400 block of Commerce Drive, Algonquin, in McHenry County. Authorities seized nearly 200 grams of an analog of a controlled substance, commonly known as “spice,” a synthetic cannabinoid.
Authorities then went to the Monteleone’s home in the 100 block of Brookside Drive, Elgin, and found in Tracy Monteleone’s vehicle approximately 3,200 grams of the same analog synthetic cannabinoid.
On Sept. 25, 2014, Tracy Monteleone pleaded guilty to unlawful possession of more than 200 grams of a controlled substance, a Class 1 felony, and was sentenced to four years’ probation.
John Monteleone must serve at least 75 percent of the sentence. He receives credit for 102 days served in both the Kane County and McHenry County jails.
The case was investigated by the North Central Narcotics Task Force.
“For years we have seen the deadly consequences of synthetic drugs on our community and especially on the lives of young adults. These consequences prompted the General Assembly to ban the synthetic drugs that this defendant was dealing. But this defendant, who already was a convicted felon, chose to run a criminal enterprise instead of a legitimate business, placing his own greed in front of the safety of our community. Prison is the appropriate place for repeat felons, and this prosecution should send a message that we aggressively pursue all drug dealers,” Kane County State’s Attorney Joe McMahon said.
“Thanks to Attorney General Lisa Madigan and her staff, and the North Central Narcotics Task Force for their work on this case.”
SOURCE: Kane County State’s Attorney’s Office news release. To follow news releases directly from the SAO, visit the State’s Attorney’s website and Facebook page.