An Aurora man faces criminal charges for allegedly possessing firearm ammunition he was not allowed to have, for calling 911 despite having no emergency and for refusing to cooperate with police after he was stopped for an alleged traffic violation.
Kane County State’s Attorney Joe McMahon has charged 39-year-old Juan E. Martinez with the offenses of unlawful use of a weapon/ammunition by a felon, a Class 3 felony, disorderly conduct, a Class 4 felony, and resisting or obstructing a police officer, a Class A misdemeanor.
Kane County prosecutors and the Aurora police allege that the evening of March 8, 2019, an Aurora police officer stopped a vehicle driven by that Martinez for a traffic violation.
As the officer approached Martinez’s vehicle, Martinez rolled down the driver’s side window about a half-inch and began to shout at the officer, saying the officer had no reason to stop him, that he is a “sovereign citizen,” that he does not recognize the U.S. government, that he did not have to surrender to the officer, and that the law does not apply to him.
He refused to give the officer his driver’s license and insurance.
Martinez then called 911 despite having no emergency or need for assistance.
The officer told Martinez he was under arrest and ordered him to exit the vehicle, which Martinez refused to do. When additional officers arrived to assist, they were able to open the vehicle door and remove Martinez, who continued to resist the officers.
As they placed him under arrest, officers found a 9mm bullet in his pocket. Martinez is prohibited by law from possessing a gun or ammunition because of a prior felony conviction.
Kane County Circuit Judge James R. Murphy set Martinez’s bail at $10,000 with 10 percent ($1,000) to apply for bond. Martinez was set to appear in court at 9 a.m. March 14, 2019, in Courtroom 311 at the Kane County Judicial Center.
Martinez posted $1,000 bond and was released from the Kane County jail.
The charges against Martinez are not proof of guilt. Martinez 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.