Court upholds conviction of Aurora man who threatened judge
An appellate court has upheld the conviction of an Aurora man sentenced to 4½ years in prison for threatening a Kane County judge in 2013.
And, in a somewhat usual move, the appellate court also assessed Christopher Garcia Jr., 27, a $50 fee at the request of prosecutors for filing his appeal in the first place.
Garcia was charged with the felony of threatening a public official - Judge Alice Tracy - after his May 7, 2013, appearance at the Aurora branch court.
After being transported to the booking area at the Aurora Police Department, Garcia yelled that he was going to break the judge's neck, that he had an A-47 assault rifle and other weapons, and that he was "at war" with the police and vowed to blow up the station, according to trial testimony.
Garcia also yelled other gender specific profanities directed toward Tracy, according to trial testimony.
In his appeal, Garcia argued a court transport officer testified at trial that he heard the threats but failed to tell Tracy about it. Garcia also argued that his angst was directed at police, not Tracy, and his threats were not made in her presence.
The appellate panel disagreed, adding that Garcia knowingly made the threats to Tracy and was guilty beyond a reasonable doubt. "By making threatening statements in the presence of personnel of law enforcement agencies, who reported the threats to a police officer, who informed the public official about whom the threats were made, defendant indirectly conveyed the threats to the public official," the justices wrote.
Garcia can have his 54-month prison term cut in half for good behavior.