Jail, probation for man who struggled with Kane deputy during burglary
A 33-year-old man charged with a burglary in Big Rock Towship, in which a Kane County deputy shot at him while they scuffled over the officer's gun, has been sentenced to four years of probation and eight months' time served in jail.
Marc Eberly, now of the 100 block of Walnut Street, Hinckley, pleaded guilty to felony residential burglary and attempting to disarm a peace officer.
Eberly was arrested at 3 a.m. Sept. 13, 2017, after deputies responded to an emergency call from a 77-year-old woman in unincorporated Big Rock Township for a break-in and burglary in progress. Two Kane County deputies who arrived saw a rear door had been broken in and were checking the house when Eberly confronted the officers and tried to disarm them, according to the sheriff's office.
During the scuffle, one deputy fired a single shot at Eberly that missed, officials said.
Defense attorney Viviana Ramirez credited prosecutors for being thorough and noted Eberly did not have any previous arrests.
"It was a just outcome. Mr. Eberly has absolutely no criminal history," Ramirez said, adding the burglary was an isolated incident. "He has incredible family support (to help him complete probation)."
She said Eberly can have the burglary charge wiped off his record if he completes probation, but the felony for trying to disarm the deputy will remain on his criminal record.
While in jail, Eberly was charged Sept. 23, 2017, with felony criminal damage to state-supported property for causing $500 damage to a sprinkler head, according to court records.
Five days later, Eberly also was charged with felony aggravated assault in that he tried to stab a correctional officer with a stolen pen, court records show.
Both of those charges were reduced to misdemeanors and included in the probation and jail sentence. Eberly was released from the Kane County jail in mid-May after his father posted bail.
If Eberly violates his probation, which at four years is the maximum length allowed for the burglary charge, he could be resentenced to up to 15 years in prison.