A 29-year-old South Elgin man who accidentally shot his brother last year likely will be required to complete a six-month boot camp, his attorney said.
Alejandro Garcia, of the 1100 block of Woodruff Drive, pleaded guilty to possession of a firearm by a felon Friday in exchange for prosecutors dismissing more severe charges, according to Kane County court records.
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Technically, Garcia was sentenced to the maximum five years in prison. But the sentence also contains a recommendation from Kane County Judge John Barsanti to Illinois Department of Corrections officials for boot camp. Garcia's attorney, D.J. Tegeler, is confident his client will complete the program.
"Realistically, 98 percent of the people (with a judge's recommendation) get boot camp," said Tegeler. "He'll complete it. I'm very optimistic he'll complete it. He was very cooperative with police the night it occurred. Obviously, he was horrified he almost killed his brother. Luckily, everybody is alive."
Garcia was stopped by police last May while speeding to the hospital with his brother, who was shot in the chest while Garcia was cleaning his gun.
Authorities investigated and charged Garcia with armed violence, a felony that carries a 30-year maximum sentence, felony possession of marijuana, reckless discharge of a firearm and child endangerment because his child was in the room where the shooting occurred.
Garcia was arrested in April 2005 in Elgin on a felony charge of possession of a controlled substance. He pleaded guilty and received 24 months of probation and 30 hours of community service.
Convicted felons are not allowed to possess guns.
"It was a true accident," said Tegeler, noting Garcia's brother has made a full recovery. "(Garcia) admitted he possessed a gun. Everybody agreed it happened accidentally."