A Montgomery man faces a minimum sentence of 26 years in prison after being convicted of attempted murder in a 2011 gang-motivated shooting in Aurora.
Armando Gallardo, 23, of the 1-99 block of Fernwood Road, Montgomery, was convicted Thursday, Dec. 12, 2013, by Circuit Judge John A. Barsanti of two counts of attempted murder, each a Class X felony, one count of aggravated discharge of a firearm, a Class 1 felony, one count of possession of a firearm without a FOID card, a Class 3 felony, and one count of possession of a firearm as a felon, a Class 3 felony.
In addition,Barsanti found that Gallardo personally discharged the weapon that was used in the commission of the crime. That finding means Gallardo faces a mandatory sentence enhancement of 20 years in prison.
At about 3 p.m. Sept. 6, 2011, Gallardo and a second man were driving in the area of Third Street and Woodlawn Avenue, Aurora. There, they saw a rival gang member outside a home. Gallardo, who was riding in the front passenger seat, climbed into the back seat of the car and fired three shots from a 40-calibre semiautomatic handgun at the victim. The men fled in the car.
At about 7:50 p.m. Sept. 12, 2011, police responded to a 911 call for shots fired in the vicinity of the Sept. 6 shooting. Witnesses provided a description of the vehicle involved. When police saw the vehicle, which Gallardo was driving, Gallardo threw a gun from the car and fled. Police pursued the vehicle, which struck a parked car. Gallardo was taken into custody as he attempted to climb out of the disabled vehicle. Police recovered the handgun that had been thrown from the vehicle. Forensic testing matched the gun to the Sept. 6 shooting, as well as the Sept. 12 shooting. No one was injured in either shooting.
Judge Barsanti set Gallardo’s next court appearance for 1 p.m. Feb. 14, 2014, for post-trial motions and sentencing. Gallardo faces a prison sentence of between 26 and 50 years in the Illinois Department of Corrections.
Gallardo remains in custody at the Kane County jail, where he had been held since his arrest in lieu of $500,000 bail. Bond was revoked upon conviction.
Gallardo also faces attempted murder and other related charges in the Sept. 12, 2011, shooting. The case is pending. Gallardo’s next court appearance is at 1 p.m. Feb. 14, 2014, in Courtroom 319.
“Prison, death or both is the inevitable outcome when gangs attempt to flex their muscles with guns. This conviction and Mr. Gallardo’s imminent prison sentence assures that our community will be safer,” Kane County State’s Attorney Joe McMahon said. “Our thanks to Aurora Police Det. Jeff Koenings and to Nina Jones at the Kane County jail for their outstanding work in this case.”
The case was prosecuted by Kane County Assistant State’s Attorneys Christina Wascher and David Belshan.
Gallardo waived his right to a jury trial.
SOURCE: Kane County State's Attorney's Office