Court denies North Aurora man’s weapons appeal

A North Aurora man recently lost his bid to have an armed violence conviction — and a 12-year prison sentence — overturned by an appellate court.

Torico M. Scott, 30, was convicted of two counts of armed violence, that while armed with a dangerous weapon, he committed another felony.

In this case, Scott was accused of having a shotgun within his reach while he possessed and intended to deliver marijuana out of his apartment in the 200 block of Laurel Drive.

Authorities searched his apartment on June 19, 2009 and found a shotgun underneath a love seat that was within feet of Scott.

Scott, who had nothing in his hands, immediately surrendered and was handcuffed. He later admitted to police that he had the shotgun to protect himself from gang members who might break into his home.

Scott appealed his conviction and sentence, arguing that the state failed to prove beyond a reasonable doubt that he was “armed.”

The appellate panel disagreed, citing previous case law and evidence in Scott’s trial.

“When the police arrived at his apartment, defendant was lying on the couch, perhaps a foot or two away from the love seat under which he had placed the shotgun. The photograph of the love seat and the shotgun show that, although the coffee table might have been a slight inconvenience, defendant would have little difficulty getting up, reaching for the gun, and taking control of it as the doors of the apartment opened,” the appellate panel wrote. “That he did not do so, and that he did not attempt resistance after the police entered the apartment, does not rescue him from the charge of armed violence.”

New judge sought: Officials in the 16th Judicial Circuit are moving forward to fill the vacancy created when Judge T. Jordan Gallagher died in June from cancer.The Illinois Supreme Court has authorized the 16th Judicial Circuit Chief Judge F. Keith Brown to seek applications for associate judge.They are due by the end of the day Wednesday and circuit judges will vote on the new judge.Applicants must be licensed to practice law in Illinois, a U.S. citizen, and a resident of the 16th Judicial Circuit, which covers Kane, Kendall and DeKalb counties.The Kane County Bar Association will conduct separate interviews, but the KCBA provides recommendations and does not have a vote in the decision.Mark your calendar: The fifth annual SWAT (Special Weapons and Tactics) Benefit Dinner will be held 6 to 11 p.m. Oct. 29 at the Prairie Events Center, 525 S. Randall Road, at the Kane County Fairgrounds in St. Charles.Tickets are $30 and include a buffet dinner, live band and dancing. The event also will feature a cash bar, raffles and other prizes.For more information, call David Wolf at (630) 444-1125.hhitzeman@dailyherald.com