Elgin man gets 18 months for role in teen's death

Last month, a Cook County jury acquitted Donald Rattanavong, a former Buddhist monk and a married father of four, of involuntary manslaughter in the July 4, 2011, shooting death of 18-year-old Guillermo Pineda, but it convicted him of the lesser charge of recklessly discharging a firearm.

At Rattanavong's sentencing hearing Friday, prosecutors argued that while the offense allows for probation, the death of the Elgin High School student whom Rattanavong testified he never intentionally fired upon warranted prison time.

Cook County Judge Kay Hanlon agreed, sentencing the 58-year-old Elgin resident to 18 months in prison. He must serve at least 50 percent of his sentence before he is eligible for parole.

For whatever reason, the Elgin homeowner thought it was appropriate to carry around a loaded weapon in his pocket the night of the shooting "just in case," said Cook County Assistant State's Attorney Mike Clarke during the hearing before Judge Kay Hanlon.

"His actions speak loudly as to the recklessness of his conduct," said Clarke, who pointed out that Rattanavong's firearm owners identification card had been expired for three years at the time of the shooting.

Clarke also reminded the court that Rattanavong initially hid his firearm beneath some items in a basket in a bathroom. An Elgin police officer testified that Rattanavong showed him where he hid the gun shortly after the officer arrived at Rattanavong's home.

"This is a most difficult case," Hanlon said. "It's a tragedy for the defendant and his family and for Mr. Pineda. This court respects the jury's decision, but it cannot be ignored that as a result of this act, a young man lost his life."

Clarke pointed out that Rattanavong could have exercised other options such as calling the police or turning on the house lights when he discovered Pineda and his friends near cars parked in his driveway and on the street. Rattanavong testified that he believed the boys were trying to break into the vehicles at the time.

Pineda's friend and classmate Alex Ervin, 17, testified he and Pineda had been stealing items from unlocked cars that evening, but they had stopped before they reached Rattanavong's house. None of the teens involved have been charged with a crime.

"Did he even give them a chance to walk away?" Clarke said. "Within seconds, he decided to raise the gun and fire it. ... He threw caution to the wind and fired shots into the darkness of the night."

A bullet from Rattanavong's gun struck Pineda in his left temple, killing him. Police found Pineda's body in the street, near his bicycle, not on Rattanavong's property. Moreover, Elgin police officers testified that none of the four cars in Rattanavong's driveway showed any damage and no property was missing.

Defense attorney Lewis Gainor agreed the case is tragic but argued for probation for his client, who has no criminal background and is "devastated" by what happened.

"He didn't knowingly or intentionally commit a crime," said Gainor, reiterating to the court that jurors acquitted his client of the involuntary manslaughter charge.

Bill Hunter, husband of Rattanavong's daughter Sinnakhone, called the 18-month sentence a "harsh punishment" for a felony for which probation is an option.

Gainor indicated he will appeal the conviction and the sentence. If that proves unsuccessful, Gainor said he will solicit a pardon from Gov. Pat Quinn and will "hand deliver it" himself.

Who is a better candidate for a pardon, said Gainor, "than an innocent homeowner defending his property from criminals?"