Authorities: Man in jail for fourth DUI also facing weapons charge

  • Diego Mascote

    Diego Mascote

Updated 1/17/2020 7:22 PM

An Elgin man being held at the Kane County jail on charges of his fourth DUI arrest has now been charged with harassment and possessing a firearm with a defaced serial number.

Diego Mascote, 29, of the 300 block of North Street, was served with a warrant this week on charges of armed habitual criminal, aggravated unlawful use of a weapon, telephone harassment and criminal damage to property, according to Kane County court records.


Mascote is accused of harassing an Elgin couple and damaging a window on Oct. 26, 2019.

The most severe charge of armed habitual criminal, a felony that carries a sentence of six to 30 years in prison, is because Mascote is accused of possessing a .38-caliber black Colt Mark IV handgun after being convicted of at least two forcible felonies, according to charging documents.

Mascote was charged with attempted first-degree murder and aggravated battery with a firearm in late August 2008. He was accused of driving with a carload of people who had been harassed by a 20-year-old man and shooting him in the foots.

Mascote faced a minimum 26-year prison term if convicted of the two most severe charges. He pleaded guilty to the murder conspiracy charge and got a four-year prison term, which was the minimum for that offense.

Mascote was arrested in June 2013 on felony charges of aggravated battery to a pregnant woman and domestic battery, records show. He was accused of beating his 23-year-old live-in girlfriend who was nine months pregnant, causing her to fall to the ground, partially landing on her stomach.

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He eventually pleaded guilty and got two years in prison for that attack, plus three years for a 2015 aggravated battery to a police officer, court records show.

Additional information about the October 2019 charges against Mascote was not immediately available. The Daily Herald filed a Freedom of Information Act request with Elgin police this week, and the department has until next week to respond.

Mascote was charged with aggravated DUI-third offense in May 2019 in Elgin. While free on bond, he was arrested again for DUI on Nov. 10, 2019, after a traffic stop on College Street in Elgin, records show.

Mascote is being held on $370,000 bail. He faces up to seven years prison if convicted of his fourth DUI and is next due in court Jan. 22.

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