Mount Prospect man guilty of cocaine possession

Peter Borysiewicz is a businessman. On that point prosecutors and Borysiewicz's defense attorney agreed. But they disagreed on the nature of the Mount Prospect man's business.

Prosecutors called him a drug dealer, evidenced by the charges that Borysiewicz intended to deliver 56 grams of cocaine during a drug deal at his Arlington Heights heating and air conditioning company 16 months ago. Defense attorney Anthony DiJohn described his 57-year-old client as a small-business owner who foolishly allowed a friend he called Robby to use his office to conduct a transaction in which Borysiewicz played no part.

Late Thursday, a Rolling Meadows jury weighed in. They found Borysiewicz guilty of possession of a controlled substance, but acquitted him of the more serious charge of intent to deliver. Cook County Judge Kay Hanlon ordered the defendant taken into custody and set his sentencing for April 2. He faces a term of four to 15 years in prison. Probation is also an option.

Arlington Heights police targeted Borysiewicz following an investigation prompted by a tip from Addison police, said Cook County Assistant State's Attorney Shilpa Patel during closing arguments Thursday.

Working on information from an informant, police set up surveillance at Borysiewicz's business on Oct. 10, 2010. They confronted him and found he was carrying a “plastic bullet” used to inhale drugs, which contained a white powdery substance, Patel said. From a credenza in Borysiewicz's office, police recovered 56 grams, or about two ounces, of cocaine in solid form and $1,500 in cash, Patel said. The money came from a sale Borysiewicz made the previous day, she said, and the cocaine was for an impending sale.

“This exhibit is meant to be broken down and distributed,” she said holding the cocaine in front of jurors. “This is intent to sell.”

“Even if you do not believe there was intent to deliver, if you take stock that he was holding this for a friend, he's still guilty of possession of a controlled substance,” said Patel, who pointed out that Borysiewicz made oral and written statements to police admitting the cocaine belonged to him.

DiJohn argued that his client made those statements because police promised he could go home if he did so. They kept their word and released Borysiewicz after he signed the statement, DiJohn said.

If he was guilty of delivering cocaine, “why would (police) let him go?” DiJohn asked. “What kind of drug dealer would be let go by the police?”

Cook County Assistant State's Attorney Mike Andre rejected DiJohn's argument, saying Borysiewicz told police the truth.

“He was caught red-handed,” Andre said. “It was his business. He had the key. He directed officers to his office, to his credenza and showed them the cocaine.”

Andre suggested that financial problems, including bankruptcy, prompted Borysiewicz into a new line of work.

“He took a shortcut and opened up a new business and that business was selling cocaine,” Andre said.