Aurora man sentenced to 26 years in gang shooting

An Aurora man was sentenced to 26 years in prison Friday for shooting at a rival gang member Nov. 22, 2005, two days after being charged with a similar offense for which he is due back in court next week.

Augustine Montes, 25, of the 700 block of North Lake Street, will get credit for a year in jail, but he must serve 85 percent of his sentence, which means he will be in prison for more than 21 years.

Montes was riding in a car near Kane and Calhoun streets in Aurora when he saw someone who he thought was a rival gang member, chased him and fired a shot at him, according to prosecutors.

Montes skipped his trial in May 2010, where he was convicted of attempted murder and aggravated discharge of a firearm. He was found later that month in DeKalb and also faces drug charges there.

Defense attorney Tim Mahoney argued before Judge T. Jordan Gallagher that Montes should receive the minimum sentence of 26 years.

Mahoney said Montes’ actions — while serious — did not result in any injuries and that Montes only fired one shot. He also said Montes didn’t have any felony convictions until now.

The maximum prison term Montes could have faced was 50 years — the mandatory 20 years for the gun charge and 30 years for attempted murder.

Montes also faces attempted murder charges for a shooting Nov. 20, 2005 in Aurora, police said. He is due in court for that case Thursday.