Aurora man fighting 62-year sentence in 2008 shooting

An Aurora man plans to appeal his 62-year prison sentenced issued this week for shooting a man in the face at an apartment complex in July 2008, his attorney said.

Israel Cano, 35, formerly of the 600 block of High Street, was sentenced Monday by Kane County Judge Susan Clancy Boles after pleading guilty to attempted murder, aggravated battery with a firearm, armed violence, and felony marijuana possession in 2013.

Defense attorney Liam Dixon said Cano entered a “blind” or “cold” plea in hopes his admission of guilt would result in Cano receiving better medical treatment for a variety of ailments, including his failing kidneys.

But Cano missed court and prosecutors rescinded their offer for a prison sentence, but wanted the guilty plea to remain, Dixon said.

Dixon said Cano will appeal a judge's decision barring him from withdrawing the guilty plea.

“He essentially entered that plea trying to get medical attention, so it wasn't necessarily voluntary,” Dixon said. When defendants plead guilty in court, they are repeatedly asked by the judge if they are admitting guilt freely and “voluntarily,” have not been coerced or promised anything, and are not under the influence of drugs — illegal or prescribed — that could affect their judgment.

Cano was accused of using a .38-caliber handgun to shoot a 21-year-old man who mistakenly began knocking on Cano's apartment door at about 4:45 a.m. July 13, 2008.

The victim, who is the son of an Aurora police officer, was hit on the left cheek but survived the shooting.

Cano had argued the man not only banged on the door, but actually forced his way into the apartment, and he opened fire because he feared for his safety and for that of his elderly mother, Dixon said.

“There were viable defenses in this case,” Dixon said.

Cano was represented by a Kane County assistant public defender when he pleaded guilty and later retained Dixon to undo the guilty plea, records show.