How Kane prosecutors are using lawsuits to curb gangs
The first lawsuit Kane County State's Attorney Joe McMahon filed against the Latin Kings in Elgin in 2010 to stop gang members from associating with each other had 82 defendants.
The fourth and most recent lawsuit against gangs had 16.
Prosecutors are narrowing their approach to make the lives of gang members more difficult, uncomfortable and downright miserable.
"What we're trying to do is identify the individuals who are the most active, the most entrenched in the gang structure," McMahon said this week. "It's not going to end gang recruitment and gang activity, but it's going to make it more difficult."
McMahon's office has worked with Elgin and Aurora police to sue gangs under the 1993 Illinois Street Gang Terrorist Omnibus Prevention Act. People named as defendants can either admit they are active gang members or challenge it in court.
Meanwhile, the state seeks to secure an injunction on the gang's activities and defendants cannot associate with each other unless they are related. They can't ride in cars together, can't meet in public, and if they do, they are subject to an immediate arrest.
An injunction hanging over the gang can provide newer members with reason to leave the gang, McMahon said.
The injunction against the Elgin's Maniac Latin Disciples prohibits wearing gang colors and from possessing a can of spray paint that could be used to "tag" territory.
"It strikes at the heart of gang activity," McMahon said. "The goal is not just to arrest people."
McMahon said prosecutors hope to gain injunctions in the other three lawsuits this year.
Elgin police Cmdr. Colin Fleury served on the department's Gang Crimes Unit when the 2010 lawsuit was filed. He said the civil actions and resulting injunctions have been "very effective" in curbing gang activity and giving police more enforcement tools.
"In essence, that is our probable cause - their violation of that order. We've already proven them to be active members of the street gang," Fleury said. "I personally saw them not hanging out as much as they were prior to the lawsuit. It took a couple arrests until word got around."
In 2010, Elgin had an estimated 1,200 gang members. Fleury said. Now, there are less than 500 in the city, he said.
Jeff Hahn, an investigator on the Aurora Police Department's Special Operations Groups gang and drug unit, declined to comment on the estimated number of active gang members in Aurora.
Hahn said that since the first lawsuit was filed in 2012 against Aurora gang members, their activity - meeting in public, at bars, malls and street corners - is down.
"It didn't take long for them to realize this is something we take pretty seriously," Hahn said. "They initially thought it was almost some kind of joke."
Hahn said some gang members have admitted to him that the civil order is a giant pain, but others have said they really don't care.
Gang members arrested on charges of associating with each other can be charged with a misdemeanor punishable by up to a year in jail.