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

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.

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.