Teen admits trespassing in shooting case plea deal

A McHenry County teen shot three times while he was allegedly breaking into a man's car Friday cut a plea deal that allows him to avoid trial on felony charges and possibly seven years in prison.

Patrick Gaughan, 19, of Marengo, admitted guilt to criminal trespassing stemming from the Dec. 3, 2006, incident that left him with bullet wounds to the hand, shoulder and buttocks. He was sentenced under the plea bargain to two years court supervision, a $250 fine and 75 hours community service.

In return for the guilty plea, county prosecutors dismissed felony charges of burglary and obstructing justice against Gaughan. He had been scheduled to face trial on those charges Friday.

"We think this was an appropriate resolution in light of all the factors pertinent to this case," First Assistant State's Attorney Thomas Carroll said.

Those factors include uncertainty about what Jerry Sweat, the man who shot Gaughan, would say when called to testify and an apparent recantation of incriminating statements from a teen with Gaughan on the night of the shooting.

The shooting occurred at about 4 a.m. when Sweat, according to police, awoke to find two men rifling through a vehicle parked in his driveway. Instead of calling police, Sweat retrieved a rifle and began shooting at the burglary suspects, striking Gaughan three times.

"He's fortunate he didn't kill this kid," Gaughan attorney Michael Norris said Friday.

Gaughan declined comment but Norris said his client insists he had no intention of burglarizing the vehicle. He instead claims he was walking across Sweat's property on his way to pull a prank on a friend when the shooting occurred.

But even while proclaiming innocence, Gaughan said he believed the plea offer from prosecutors was too good to pass up and risk a trial on felony charges.

Authorities initially charged Sweat, 43, of Marengo, with aggravated battery with a firearm and reckless discharge of a firearm, but dismissed the case about three months later when Gaughan refused to testify while charges against him were pending.

With his case now resolved, Norris said, Gaughan would be willing to testify against Sweat.

Carroll, however, said the state's attorney's office has had no discussions about re-filing the charges.

Sweat declined comment Friday.