SOUTH ELGIN MAN GETS PRISON FOR SHOOTING MAN IN SHOULDER

June 16, 2017

A South Elgin man is headed to prison for shooting a tow-truck driver.

Devonne L. Montgomery

Circuit Judge John A. Barsanti on Thursday, June 15, 2017, sentenced 22-year-old Devonne L. Montgomery to eight years’ imprisonment in the Illinois Department of Corrections.

A Kane County jury on April 27, 2017, convicted Montgomery of aggravated battery with a firearm, a Class X felony.

Kane County prosecutors presented evidence that at about 1:50 a.m. Oct. 18, 2015, the victim, a tow-truck operator attempted to remove a car that was unlawfully parked in a lot in the 1200 block of Fleetwood Drive, Elgin. After the car had been hoisted onto the tow truck’s boom, a man approached the victim and his co-worker, produced car keys and asked that the vehicle not be towed. The victim agreed, lowered the car and unhooked it from the truck.

As the man and the victim talked, Montgomery approached the scene and began shouting about not towing the car. The victim replied that he would not tow the car and told Montgomery to mind his own business. Montgomery then pulled a Beretta 9mm handgun from his waistband and shot the victim in the left shoulder. As the victim ran to the tow truck to go to the hospital, Montgomery fired a second shot at him but missed.

The victim suffered a broken scapula, clavicle and nicked lung. The victim has had multiple surgeries since and continues to recover.

According to Illinois law, Montgomery must serve at least 85 percent of the sentence. He was given credit for 606 days served in the Kane County jail, where he has been held since his arrest in lieu of $250,000 bail. Bond was revoked upon conviction.

The case was prosecuted by Kane County Assistant State’s Attorneys Salvatore LoPiccolo and Alexander Bederka.

AURORA MAN GETS 13 YEARS FOR CHILD SEX ASSAULT

June 16, 2017

An Aurora man is headed to prison for sexually assaulting a child he knew.

Miguel A. Martinez

Fifty-six-year-old Miguel A. Martinez on Thursday, June 15, 2017, agreed to a sentence of 13 years’ imprisonment in the Illinois Department of Corrections in exchange for a guilty plea to predatory criminal sexual assault, a Class X felony, and unlawful restraint, a Class 4 felony.

Associate Judge Linda S. Abrahamson accepted the plea.

Kane County prosecutors presented evidence on June 2, 2016, Martinez sexually assaulted a young child he knew. The victim was younger than 12 years old. In addition, between May 1, 2015, and June 2, 2016, Martinez held a second victim on a sofa and sexually abused her. The victim was younger than 12 years old. When interviewed by police, Martinez admitted that he committed the offenses.

In addition to the prison term, Martinez must register for life as a sexual offender in accordance with the Illinois Sexual Offender Registration Act.

According to Illinois law, Martinez must serve at least 85 percent of the sentence. He receives credit for 377 days served in the Kane County jail.

The case was prosecuted by Kane County Assistant State’s Attorney Megan Baxter.

SUGAR GROVE MAN GETS 45 YEARS FOR CHILD SEX ASSAULT

SECOND CASE PENDING THAT COULD RESULT IN ADDITIONAL 165-YEAR SENTENCE

June 15, 2017

A Sugar Grove man is headed to prison more than a decade after he sexually assaulted a foster child who was living with his family.

Noel F. Buhay

Circuit Judge Donald M. Tegeler, Jr., sentenced 49-year-old Noel F. Buhay to 45 years’ imprisonment in the Illinois Department of Corrections.

A Kane County jury on March 17, 2017, convicted Buhay of three counts of predatory criminal sexual assault of a child, each a Class X felony.

Kane County prosecutors presented evidence that between January 2004 and May 2004 Buhay repeatedly sexually assaulted the victim. The victim, a foster child living with Buhay’s family, was younger than 12 years old at the time of the assaults, which occurred in Buhay’s home.

Buhay had faced a sentence of between 18 and 90 years’ imprisonment.

In addition to the prison term, Buhay must register for life as a sexual offender in accordance with the Illinois Sexual Offender Registration Act.

Also, Judge Tegeler ordered Buhay to pay the victim $35,000 in restitution.

According to Illinois law, Buhay must serve at least 85 percent of the sentence. He received credit for 90 days served in the Kane County jail.

The case was investigated by the Illinois Department of Child and Family Services and the Kane County Child Advocacy Center.

Buhay also is charged with 27 counts of predatory criminal sexual assault of a child and other related offenses against a second victim. The case is pending. Buhay’s next court appearance in the second case is Aug. 24, 2017, in front of Judge Tegeler in Courtroom 311 at the Kane County Judicial Center.

If convicted of the most serious offense, Buhay would face a mandatory minimum additional sentence of 165 years in prison.

“Although time does not erase a victims’ pain, time did not silence our search for justice. I’m thankful this victim for came forward and confronted the abuser. This victim’s pursuit for closure also ended Mr. Buhay’s ability to victimize more children,” Kane County State’s Attorney Joe McMahon said.

The case was prosecuted by Kane County Assistant State’s Attorneys Lori Schmidt and Andrew Whitfield.

The pending charges against Buhay are not proof of guilt. Buhay is presumed innocent and is entitled to a fair trial in which it is the state’s burden to prove guilt beyond a reasonable doubt.

AURORA MAN GUILTY OF MULTIPLE GUN OFFENSES

June 15, 2017

A southern Kane County man is headed back to prison for unlawfully possessing guns.

Robert T. McBride

A Kane County jury on Wednesday, June 14, 2017, convicted 37-year-old Robert T. McBride of three counts of unlawful possession of a weapon by a felon, each a Class 2 felony.

Kane County prosecutors presented evidence that on Sept. 17, 2014, Aurora police served a search warrant at McBride’s residence in the 200 block of South La Salle Street, Aurora. As police were serving the warrant, they saw McBride throwing a Glock 9mm handgun and a Hi-Point 9mm handgun from a window and into a neighboring yard. Police found a third firearm, a Taurus 22mm handgun, in a bedroom in the home.

McBride is prohibited by law from possessing guns based upon his criminal history, which includes multiple felony drug convictions.

Associate Judge Linda S. Abrahamson set McBride’s next court appearance for
9 a.m. June 23, 2017, in courtroom 305 at the Kane County Judicial Center for motions, status and to set a sentencing date. McBride faces a sentence of between three and seven years’ imprisonment in the Illinois Department of Corrections.

The case was prosecuted by Kane County Assistant State’s Attorneys Bridget Sabbia and Andrew Whitfield.

McBride also faces multiple related felony drug charges. The pending drug charges against McBride are not proof of guilt. McBride is presumed innocent and is entitled to a fair trial in which it is the state’s burden to prove guilt beyond a reasonable doubt.

AURORA GANG MEMBER PLEADS GUILTY TO DRUG, GUN CHARGES

June 9, 2017

An Aurora street gang member has pleaded guilty for unlawfully selling drugs and guns.

Caleb A. Frazier

Caleb A. Frazier, 25, agreed to a sentence of 10 years’ imprisonment in the Illinois Department of Corrections in exchange for a guilty plea to unlawful delivery of a controlled substance, a Class X felony, unlawful possession of a firearm by a gang member, a Class 2 felony, unlawful delivery of a firearm, a Class 4 felony, and aggravated fleeing and eluding, a Class 4 felony.

Associate Judge Robert Villa accepted the plea.

Kane County prosecutors presented evidence that on Feb. 3, 2015, Frazier sold one ounce of cocaine to a confidential police informant. On Feb. 17, 2017, Frazier sold a Yugo 7.62mm semiautomatic rifle to the same informant. Frazier was a member of an Aurora street gang at the time. On Aug. 10, 2016, as authorities attempted to serve a warrant for his arrest, Frazier fled in his car, leading police on a brief chase in which he at times exceeded the speed limit by more than 50 mph before he stopped and was taken into custody.

According to Illinois law, Frazier is eligible for day-for-day sentencing. He was given credit for 294 days served in the Kane County jail, where he had been held since his arrest in lieu of $675,000 bail.

Kane County Assistant State’s Attorney Andrew Whitfield prosecuted the case.

AURORA GANG MEMBER PLEADS GUILTY TO GUN OFFENSES

June 9, 2017

An Aurora street gang member has pleaded guilty for unlawfully firing and selling a handgun.

Jose Sanchez

Jose Sanchez, 20, today agreed to a sentence of 9 years in the Illinois Department of Corrections in exchange for a guilty plea to unlawful possession of a firearm by a street gang member, a Class 2 felony, and unlawful delivery of a firearm, a Class 4 felony, and reckless discharge of a firearm, a Class 4 felony.

Associate Judge Robert Villa accepted the plea.

Kane County prosecutors presented evidence that at about 5:20 p.m. on Feb. 4, 2015, while outside a home in the 500 block of East Downer Place, Sanchez fired a .32 caliber Iver-Johnson revolver multiple times. Later that day Sanchez sold the gun to a confidential police informant. Sanchez was a member of a street gang at the time.

According to Illinois law, Sanchez is eligible for day-for-day credit. He was given credit for 293 days served in the Kane County jail, where he was held since his arrest in lieu of $500,000 bail.

The case was prosecuted by Kane County Assistant State’s Attorney Andrew Whitfield.

EX-AURORA MAN WANTED FOR FLEEING WHILE FREE ON BOND GETS 12-YEAR PRISON SENTENCE FOR DRUG CONVICTION

June 7, 2017

A former Aurora man who fled before his trial on a drug delivery charge will be sent to prison once he is apprehended.

Rumaldo Anzaldua

Kane County Associate Judge Linda S. Abrahamson today sentenced 40-year-old Rumaldo Anzaldua to 12 years’ imprisonment in the Illinois Department of Corrections.

A Kane County jury on May 23, 2017, convicted Anzaldua of unlawful delivery of a controlled substance, a Class X felony. The trial proceeded despite Anzaldua’s absence.

Kane County prosecutors presented evidence that a co-defendant had agreed to sell four ounces of cocaine to North Central Narcotics Task Force undercover officers in exchange for $3,500. Task force officers met the co-defendant the evening of
Dec. 12, 2012, outside a Spring Street residence in Aurora. When Anzaldua arrived a short time later, he provided the co-defendant with the four ounces of cocaine for the sale. When the co-defendant gave the cocaine to the officers, he and Anzaldua were arrested.

The co-defendant pleaded guilty in 2014 to unlawful delivery of a controlled substance and was sentenced to six years’ in the Illinois Department of Corrections.

Anzaldua last appeared in court May 18, 2017. He was free on bond at the time. He failed to appear May 22 for the beginning of his trial and Judge Abrahamson issued a warrant for his arrest. Anyone with information about Anzaldua’s whereabouts should call their local police department.

According to Illinois law, Anzaldua must serve at least 75 percent of the sentence. He receives credit for 84 days served in the Kane County jail.

The case was prosecuted by Kane County Assistant State’s Attorneys Andrew Whitfield and Matthew Rodgers.

SOURCE: Kane County State’s Attorney’s Office news releases. To follow news releases directly from the SAO, visit the State’s Attorney’s website and Facebook page. All photos are from the KCSAO Facebook Page.