In The Courts: 3 Indicted In Illegal Gun Purchase Scheme
Three people – one from Zion, IL, one from Kenosha, WI, and one from Columbus, OH – face criminal charges in an alleged plot to illegally purchase guns.
Forty-year-old Ira A. Burdine, 46-year-old Dana J. Prouty and 38-year-old Favio Velazquez each has been indicted on one count of unlawful purchase of a firearm, Class X felony.
Kane County State’s Attorney Joe McMahon alleges in charging documents that:
- Burdine, during the purchase of 10 firearms – shotguns and 50-caliber rifles – intentionally and unlawfully provided false information in that he had Prouty affirm that she was not acquiring the firearms on behalf of another person.
- Prouty, during the purchase of 10 firearms – shotguns and 50-caliber rifles – intentionally provided false information in that she affirmed she was not acquiring the firearms on behalf of another person.
- Velazquez, during the purchase of nine firearms – shotguns and 50-caliber rifles – intentionally provided false information in that he affirmed he was not acquiring the firearms on behalf of another person.
After the indictments, warrants for their arrests were issued. Burdine’s bail was set at $150,000 with 10 percent ($15,000) to apply for bond. Prouty’s bail was set at $100,000 with 10 percent ($10,000) to apply for bond. Velazquez’s bail was set at $200,000 with 10 percent ($20,000) to apply for bond.
Burdine and Prouty were taken into custody Sept. 11, 2017, by agents from Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Burdine posted bond and was released. His next court appearance is set for 9 a.m. Oct. 5, 2017, in Courtroom 217 at the Kane County Judicial Center in front of Associate Judge David R. Kliment. Prouty remains in custody at the Kane County jail.
Velazquez was taken into custody Sept. 22, in Columbus, Ohio, by local ATF task force officers. His extradition from Ohio is pending.
State’s Attorney McMahon said: “The law that these three individuals are alleged to have violated is in place to protect against guns getting into the hands of the wrong people. We appreciate HSI’s work in tracking these gun purchases, and also for working with us to ensure that all available evidence is lawfully gathered so as to ensure a successful prosecution.”
James M. Gibbons, special agent in charge of HSI’s Chicago office said: “Anyone who ‘straw purchases’ guns circumvents the federal laws designed to keep firearms out of the hands of criminals, terrorists, and other threats to national security and public safety. Homeland Security Investigations routinely works with our law enforcement partners to enforce these vital laws by investigating and pursuing prosecution against suspects who purchase guns for those who cannot legally buy them.”
The case was investigated by Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the Elgin Police Department.
The charges against Burdine, Prouty and Velazquez are not proof of guilt. Burdine, Prouty and Velazquez are presumed innocent and are entitled to a fair trial in which it is the state’s burden to prove their guilt beyond a reasonable doubt.
Chicago Man Gets 5 Years in Prison For Violating Protective Order
Sept. 28, 2017
A Chicago man is headed to prison for failing to follow a court order that prohibited him from having contact with his victim.
Kane County Associate Judge David P. Kliment on Sept. 22, 2017, sentenced 47-year-old Joseph B. McGhee to five years’ imprisonment in the Illinois Department of Corrections.
McGhee on Aug. 25, 2017, pleaded guilty to violating an order of protection, a Class 4 felony. Kliment accepted the plea and set a sentencing date.
Kane County Assistant State’s Attorney Sarah Seberger presented evidence that after being served with an order of protection, McGhee called the victim on the telephone multiple times. McGhee had been convicted four days earlier of domestic battery in an incident with this victim. McGhee was served with the order of protection after he was found in a park near the victim’s residence.
The defendant was eligible for enhanced sentencing guidelines because he has been convicted of DUI in Cook County in 2011.
According to Illinois law, McGhee is eligible for day-for day sentencing. He received credit for 134 days served in the Kane County jail.
“Protective orders and bond conditions are court orders that are intended to give victims peace of mind and keep them safe from abusers. But they are only pieces of paper unless police investigate violations, prosecutors follow up in court and offenders are held accountable for their actions. This sentence reflects the seriousness of the offense and the intent of the law,” Kane County State’s Attorney Joe McMahon said.
Aurora Woman Guilty of Battery Incident That Occurred Outside Kane Courtroom
Sept. 28, 2017
A Kane County jury needed just 16 minutes to convict an Aurora woman of domestic battery for an incident that occurred outside a Kane County courtroom.
Thirty-two-year-old Maria D. Tena-Guzman faces a sentence of up to 1 year in the Kane County jail after she was convicted Tuesday, Sept. 26, 2017, of domestic battery, a Class A misdemeanor.
Kane County Assistant State’s Attorney Jessica Michels and 711 attorney Hillary Sadler presented evidence that on May 25, 2016, Tena-Guzman and the victim were in Courtroom 211 at the Kane County Judicial Center. Tena-Guzman left the courtroom and the victim walked out a short time later. After the victim exited, Tena- Guzman screamed at the victim and then lunged at him and punched him in the back with a closed fist. Tena-Guzman knew the victim. Kane County Court Security personnel intervened and separated Tena-Guzman from the victim.
The incident was captured on security video.
Kane County Associate Judge Kathryn D. Karayannis set Tena-Guzman’s next court appearance for 1:30 p.m. Nov. 3, 2017, in Courtroom 209 at the Kane County Judicial Center. Tena-Guzman faces a sentence of conditional discharge, probation or up to one year in the Kane County jail.
Tena-Guzman remains free on bond.