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Courtwatch: Man Accused of Armed Robbery in Elmhurst Weighs Plea Agreement, Potential Sentence

Here's a look at what we're keeping an eye on in DuPage County courts.

Diego Garcia, 22, of Franklin Park wants a judge to clarify the sentencing range he faces on armed robbery charges tied to a pair of holdups in 2010 in Elmhurst and Wood Dale.

Garcia was told he was eligible for between 21 and 45 years if convicted in both cases, but the DuPage County Public Defender's Office suggests the range should actually be six to 30 years because a 15-year add-on for using a weapon during an armed robbery is improper, according to court records. That's because being armed is a fundamental element of an armed robbery charge, and not something that enhances possible penalties, documents show.

Garcia is accused of using a gun to threaten a man on York Road before taking his cell phone, keys and ATM card Nov. 30, 2010. Earlier, prosecutors say, he used a knife to take similar items from a man walking along Irving Park Road in Wood Dale. Garcia was not alone in committing the robberies, prosecutors said. Another man, Christopher Accardo, 26, was sentenced to six years in prison as part of a plea agreement with prosecutors in June 2011.

Garcia said he cannot decide whether to discuss a plea or go to trial without knowing his possible sentence. An Oct. 11 hearing is scheduled in the case.


Other cases making their way through DuPage County courts include:

Glen Ellyn—A Wheaton man charged with a Glen Ellyn home invasion last month had his bail reduced this week during a hearing. Jeffrey Beard was arrested on home invasion, battery and weapons charges after breaking into the home of an acquaintance on Sept. 16.

Police said he held a gun to a woman's head and fired the gun at one point during the incident. He had been held in DuPage County Jail on $1 million, but a judge reduced bond slightly to $99,000 during an Oct. 2 hearing. He originally would have had to post $100,000 to be released on bond.

Beard is scheduled for arraignment on Oct. 15.

Lisle:
Ladislav Fromelius, of Naperville, recently pleaded guilty in connection to a 2010 attack plot in a dispute over an estate. Fromelius entered a blind plea with no sentencing agreement after admitting to asking an undercover police officer to commit an aggravated battery. Prosecutors initially accused Fromelius of paying the officer $2,000 to beat up the executor of an estate. Fromelius is scheduled to be sentenced on Oct. 24. Prosecutors dropped several other charges as part of the deal.

Lisle—Ladislav Fromelius, of Naperville, recently pleaded guilty in connection to a 2010 attack plot in a dispute over an estate. Fromelius entered a blind plea with no sentencing agreement after admitting to asking an undercover police officer to commit an aggravated battery. Prosecutors initially accused Fromelius of paying the officer $2,000 to beat up the executor of an estate. Fromelius is scheduled to be sentenced on Oct. 24. Prosecutors dropped several other charges as part of the deal.

Patch reports on law enforcement activity using information provided by official agencies. Persons charged with a crime or issued a citation for violation of a local ordinance are presumed innocent until proven guilty in a court of law. If you or a family member are charged with a crime or cited for a violation and the charge or citation is subsequently adjudicated, we encourage you to contact karenc@patch.com and we will do follow-up reporting on the case.

Mar October 09, 2012 at 01:05 PM
Plea agreement, REALLY!!! Lock his butt up for as long as his sentence is!!!!!!!!! You commit a crime, do the time. Robbing people at gun point??? Who the heck does this guy think he is!!!!! Ohhhhhhh the nerve........

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