Gang Member Gets Prison Time For Waving Gun At Man

ELGIN, IL – An Elgin street gang member is headed to prison for unlawfully possessing a loaded .38-caliber pistol. Kane County Circuit Judge Clint Hull on Tuesday sentenced 35-year-old Oswaldo Garcia to 5 years in prison. Garcia on May 24, pleaded guilty to unlawful possession of a weapon by a felon, a Class 3 felony, according to a news release.

Prosecutors said that at 4:45 p.m. on Oct. 2, 2016, Garcia, a member of an Elgin street gang, waved a Smith & Wesson pistol at a man leaving a convenience store in the 500 block of West Highland Avenue, Elgin. Garcia, of the 500 block of West Highland Avenue in Elgin, immediately ran away and threw the gun under some leaves. He was taken into custody a short time later by Elgin police.

Garcia was on parole at the time for a felony criminal damage to property conviction at the time. In addition, he has multiple felony convictions, including for the offenses of obstructing justice, DUI, driving on a suspended license, criminal damage to property, intimidation and criminal damage to state- supported property.

According to Illinois law, Garcia is eligible for day-for-day credit. He receives credit for 659 days served in the Kane County jail.

Photo via the Kane County State's Attorney's Office