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updated: 8/16/2013 2:05 PM

Wood Dale man gets 3 years in gun threat case

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  • Benjamin Biancofiori

      Benjamin Biancofiori

 

A Wood Dale man accused of wielding a loaded gun during a dispute over a loud party in his neighborhood has been sentenced to three years in prison after attempted murder charges were dismissed.

Benjamin Biancofiori, 33, of the 400 block of George Street, pleaded guilty to illegally possessing a Glock 33 handgun and was sentenced this week by DuPage County Judge George Bakalis. In exchange for the plea, prosecutors dropped additional charges, including attempted murder and aggravated assault.

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Authorities said the confrontation occurred about 3 a.m. May 1, 2011, after Biancofiori became angry about a loud party at his next-door neighbor's house. Prosecutors alleged he swung a baseball bat at one partygoer, then pointed a gun in his face.

Defense attorney Harry Smith disputed that version of events, however, arguing his client confronted the partygoer peacefully and returned home. He said the alleged victim then kicked in two doors at Biancofiori's house, suggesting the defendant had made no gun threats.

"It's unlikely an unarmed person would pursue a gun through two doors," Smith said Thursday. "That doesn't make any logical sense."

Afterward, police found the Glock handgun, two loaded magazines and a box of ammunition hidden by a house a few doors away.

Biancofiori admitted it was illegal for him to have the gun because, as a previously convicted felon, he's barred from owning firearms. But he insisted he never threatened the partygoer with it.

Authorities said Biancofiori's criminal history dates to 1997 and includes convictions for resisting arrest, property damage, trespass, impersonating a police officer and retail theft. As a teen, prosecutors said, he received a five-year prison term for the gang-related robbery and battery of a 16-year-old boy who killed himself after gang members continued to harass him.

By law, Biancofiori must serve at least 18 months before he's eligible for parole. His term begins Sept. 26.

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