3rd Man Charged In Gang Rape Sentenced

A third Elgin street gang member is headed to prison for his role in the sexual assault of a woman who was barely conscious at the time—all while the tape was video recorded. Kane County Associate Judge Linda S. Abrahamson on Wednesday sentenced 27-year-old Eric N. Cruz to 12 years in prison. Cruz on June 13, pleaded guilty to two counts of aggravated criminal sexual assault.

Also on June 13, 24-year old Daniel Hernandez-Gutierrez of South Elgin and 21-year-old Jose L. Vazquez, Jr., of Elgin, co-defendants in the case, each agreed to a sentence of 18 years in prison, prosecutors said.

On Dec. 9 to 10, 2014, Vazquez and Hernandez-Gutierrez each sexually assaulted a barely conscious young woman while Cruz used his cell phone to video record the crimes, Kane County Assistant State’s Attorney Joseph Cullen said. During the rapes, the trio of defendants laughed and “represented their gangs” by making gang hand signs and statements referring to their gang, according to the news release.

At one point during the assault, Cruz said, “Show what’s up with the Insanes. Right here we’re Insane Deuce, Insane Cobra.”

Vazquez laughingly responded, “Put my face in that camera. We out here folks be King killing Maniac killing.”

The rapes happened at the home of a friend of the gang members.

In addition to the prison term, Cruz must register for life as a sexual offender.

According to Illinois law, Cruz must serve at least 85 percent of the sentence. Cruz receives credit for 1,332 days served in the Kane County jail.

“This defendant’s decision to make a video recording of a sexual assault made him a culpable participant in a horrific crime. With his conviction, three dangerous people are now off the street and in prison where they belong,” said Kane County assistant state’s attorney Greg Sams, chief of the office’s Special Prosecutions Bureau.

PHOTO VIA THE KANE COUNTY STATE’S ATTORNEY’S OFFICE