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Former North Aurora man gets 6-year sentence for 17 driving arrests

A 34-year-old man who had been found not guilty on a 1995 murder “cold case” charge out of Aurora could not escape the long arm of the law Thursday.

Michael Diaz, of formerly of North Aurora who now lives in Marseilles, was sentenced to six years in prison for a pattern of repeated driving while license revoked arrests.

Judge T. Jordan Gallagher could have sentenced Diaz to up to 30 years, but opted for the minimum of six years mandated under enhanced sentencing because of Diaz’ long record.

Assistant State’s Attorney Danielle Bechtold cited Diaz’ record of weapons, drug and driving offenses, along with a bench trial a few years ago in which he was found not guilty of a 1995 murder.

She lobbied for a 17-year sentence, one year for each driving while license revoked offense Diaz was accused of.

“The defendant has essentially been in trouble since 1994,” Bechtold said. “The court needs to send a message that it’s not just a traffic offense.”

Defense attorney Liam Dixon unsuccessfully argued that a 6- to 30-year sentence was unconstitutional and “cruel and unusual punishment.”

Dixon argued for the minimum six years, calling the state’s request “vindictive” and “Draconian.”

“The state believes he (Diaz) got away with murder and they’re going to use this to get him,” Dixon said.

Diaz was taken into custody immediately after Gallagher’s ruling. Diaz could get out in three years with good behavior and he was given credit for 80 days served in the Kane County jail.