A Hinckley man has been charged with residential burglary and two counts of attempting to disarm a peace offer after an early-morning confrontation last week at a home in unincorporated Big Rock Township.

According to a news release by the Kane County Sheriff’s Office, a 77-year-old female resident of a home in the 49W500 block of Hinckley Road called 9-1-1 at around 3 a.m. Wednesday, Sept. 13, to report that someone had broken into her home and was inside the residence.

Deputies were dispatched to the home, where they found a rear door had been broken in.

As the deputies were checking the interior of the residence, a male subject later identified as Marc A. Eberly, 32, of Hinckley, physically confronted the deputies, reports said.

During the struggle, Eberly attempted to disarm first one deputy and then the other, prompting one of the deputies to fire a single shot in the direction of the subject. No one was injured as a result of the gunfire.

Erberly was taken into custody and transported to the Kane County Adult Justice Center.

The Kane County State’s Attorney’s Office authorized the following charges:

• one count, residential burglary, a Class 1 felony.
• two counts, attempted disarming a peace officer, a Class 2 felony.
• one count of criminal damage to property, a Class A misdemeanor.

The resident was not injured in the incident.

The charges against Eberly are not proof of guilt.  A defendant is presumed innocent and is entitled to a fair trial in which it is the state’s burden to prove his or her guilt beyond a reasonable doubt.

SOURCE: Kane County Sheriff’s Office