Two Elgin street gang members are charged for possessing and pointing a loaded gun as they drove past someone walking near Villa Street in Elgin.

Freddy Garcia and Anthony A. Oliva (CREDIT: Kane County State’s Attorney’s Office Facebook page)

The Kane County State’s Attorney’s Office has charged 24-year-old Freddy Garcia with the offenses of:

• Possession of a firearm by a street gang member, a Class 2 felony.
• Aggravated unlawful use of a weapon, a Class 4 felony.
• Aggravated assault, s Class A misdemeanor

Antony A. Oliva, 22, has been charged with the offenses of:

• Possession of a firearm by a street gang member, a Class 2 felony.
• Aggravated unlawful use of a weapon, a Class 4 felony.
• Aggravated assault, Class A misdemeanor.
• DUI, a Class A misdemeanor.

Kane County prosecutors and Elgin police allege that at about 9:30 p.m. Feb. 10, 2019, in the 600 block of Villa Street, Elgin, Garcia was a passenger in a vehicle driven by Oliva. The men, both gang members, spotted the victim, who was walking in the parking lot of a nearby business.

Garcia pointed a loaded .22-caliber handgun at the victim as they drove past. Oliva circled the business and Garcia pointed the gun at the victim a second time. Neither defendant has a Firearm Owner’s Identification Card or a Concealed Carry License.

A Kane County judge set Garcia’s bail at $250,000 with 10 percent ($25,000) to apply for bond, and Oliva’s bail at $200,000 with 10 percent ($20,000) to apply for bond.

Garcia’s next court appearance was set for 9 a.m. today (March 1, 2019), in front of Circuit Judge Donald M. Tegeler, Jr., in Courtroom 311 at the Kane County Judicial Center. Oliva’s next court appearance is set for 9 a.m. March 7, 2019, in front of Tegeler in Courtroom 311.

If convicted of the most serious offense, each defendant faces a minimum sentence of three years’ imprisonment in the Illinois Department of Corrections.

Both remain in custody at the Kane County jail. If either posts bond, he is to have no contact with the co-defendant in the case, no contact with the victim, shall not possess a gun and shall not use drugs or alcohol.

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

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.