Felony Charges Denied In Darien Gun Case: Cops

DARIEN, IL – A Franklin Park man who pointed what appeared to be a gun toward another driver and his passenger is facing misdemeanor charges, Darien police said.

According to a Darien police report, the DuPage County State's Attorney's Office denied local officers' request for felony charges against the 74-year-old man.

Patch obtained the report through a public records request.

About 9 a.m. last Tuesday, a 21-year-old man heading east on Plainfield Road was stopping for the light at 75th Street when he said another driver, identified as the 74-year-old, cut him off, the report said. The 21-year-old honked.

After the 21-year-old rolled up next to the suspect's car, the 74-year-old went into a suitcase into the front seat and pulled out what appeared to be a black handgun, police said.

The 21-year-old called police, who then found the 74-year-old shortly after. When an officer approached the 74-year-old's door, she ordered him to keep his hands on the steering wheel. Another officer was on the other side of the car.

The officer at the driver's door told the 74-year-old that police received a complaint that he had shown a gun to another driver.

In response, the 74-year-old sought to unzip the suitcase on the front seat. The officer told the man not to touch the suitcase, but he ignored her commands, police said.

The man told the officer, "I just want to show you."

He got into the suitcase and pulled out what appeared to be a black handgun.

The officer on the passenger's side ordered the 74-year-old to not move. The officer drew his gun, keeping it in a low-ready position, police said.

The 74-year-old said his weapon was, in fact, a PepperBall gun, which is nonlethal.

Officers found a loaded black Beretta 3032 Tomcat gun in a fanny pack inside the suitcase, according to the report. Also discovered were black metal knuckles that contained a switchblade, police said.

In an interview, the 74-year-old said he thought the other driver was honking at him to go faster. He denied pulling out the PepperBall gun. Rather, he said he was getting protein powder from his suitcase and that when he opened the luggage, the other driver must have seen the weapon.

The 21-year-old driver and his 23-year-old passenger, both men, told officers that the 74-year-old pointed the gun at them for 30 seconds, saying they feared they would be killed.

The 74-year-old had a firearm owner's identification card, or FOID, but did not hold a concealed carry license. He was told he couldn't carry a loaded gun without a concealed carry license.

The suspect said he had such a license from Virginia, but was told it wouldn't work in Illinois.

Officers told the man that his actions were dangerous and that even though the weapon was a PepperBall gun, it was designed to look exactly like a handgun, according to the report. Others would have the right to defend themselves in such a situation, police said.

In his interview, the man said it was possible that he accidentally cut off the other driver. He said he had been scared of the driver and passenger, noting they were younger.

The 74-year-old was charged with two counts of aggravated assault, three counts of unlawful use of a weapon and two counts of disorderly conduct.