An Aurora man faces criminal charges for allegedly pointing a loaded handgun at someone’s head and stealing her cellphone.
Kane County State’s Attorney Joe McMahon has charged 27-year-old Dwayne K. Smith with the offenses of:
- Armed habitual criminal, a Class X felony
- Armed robbery, a Class X felony
- Armed violence, a Class X felony
- Aggravated robbery, a Class 1 felony
- Aggravated unlawful use of a weapon by a felon, a Class 2 felony, 3 counts
- Robbery, a Class 2 felony
- Theft, a Class 3 felony
- Possession of a firearm without a FOID card, a Class 3 felony
- Battery, a Class A misdemeanor
- Resisting a police officer, a Class A misdemeanor
Kane County prosecutors allege that on Oct. 6, 2019, Smith, while in possession of a loaded handgun gun, threatened the victim with the gun, stole her cell phone and shoved her to the ground. He then fled on foot.
When Aurora police found him a short time later, Smith physically assaulted an officer to avoid being placed under arrest.
According to Aurora Illinois Police Department, the incident occurred around 4:45 p.m. Oct. 6 in the 600 block of Lake St. Aurora. Smith had spoken with the victim on the phone a short time before the incident, became angry and went to the victim’s home.
When he arrived, he saw the victim and her friends seated on the front porch. Smith pointed the gun at someone, so the victim began to record the incident on her cell phone. Smith pressed the gun to the victim’s head, threatened her not to call the police, took her phone and fled.
During the investigation, Aurora police recovered the handgun and determined that it had been stolen in DeKalb earlier in the day.
Smith appeared Oct. 7, 2019, in Kane County bond court. Kane County Associate Judge Keith Johnson set Smith bail at $200,000, with 10 percent ($20,000) to apply for bond.
Johnson set Smith’s next court appearance for 9 a.m. Oct. 18, 2019, in Courtroom 313 at the Kane County Judicial Center.
The charges against Smith are not proof of guilt. Smith 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.