Elgin man gets probation, fine in storage locker pot bust
A 32-year-old Elgin man was sentenced to 30 months of probation and issued $7,800 in fines and court costs after pleading guilty to reduced marijuana possession charges.
Fidel Garcia, of the 0-99 block of Jefferson Avenue, could be resentenced up to five years in prison if he violates his probation.
He originally faced up to seven years behind bars after authorities searched a storage locker in Elgin and found nearly 2 pounds of marijuana in August 2012.
But under a plea agreement approved Friday by Kane County Judge John Barsanti, prosecutors reduced the charge of possession of 500-2,000 grams of marijuana to possession of 30-500 grams with intent to deliver, according to court records.
Prosecutors said a 32-gram bag of marijuana in the storage locker had Garcia's fingerprints on it.
Garcia's defense attorney William J. Dennison II said the state had a better chance of proving to a jury that his client possessed the 32 grams as opposed to the entire two pounds.
“In light of the potential sentence he was facing, he (Garcia) determined that accepting the deal was in his best interest,” Dennison said.
Garcia was arrested in July 2013 and was free on bond when he pleaded guilty. Authorities obtained a search warrant after an anonymous complaint that Garcia would visit his storage locker twice a day, but only stay at the facility for about 10 minutes each time. A police dog alerted officers to possible drugs in the locker and police found 797.6 grams of marijuana, along with photographs and a paystub in the unit, according to Elgin police.