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Man Accused of Robbing Elmhurst Shell at Gunpoint Says Police Violated His Rights

Here's a look at cases we're following in DuPage County courts.

The Chicago man accused of robbing the Shell gas station at 926 N. York in September wants a judge to throw out evidence in his case because police violated his rights.

According to court records, Mario Williams, 24, who has pleaded not guilty to armed and aggravated robbery charges, claims police unlawfully detained him and unlawfully seized evidence by stopping a taxi based on a "hunch" shortly after the holdup. Williams is accused of robbing the Shell station and then running from the scene. Elmhurst police arrested him after they found him in a 303 Taxi cab on North Virginia Lane.

Evidence of the robbery was found in the taxi, but Williams' attorney argues that police had no good cause—including no way to identify a robbery suspect or Williams in the taxi—to stop the taxi, records show.

Williams is accused of using a black handgun to take about $600 from the gas station. He returns to court Jan. 17, when a hearing date will be set for the motion to be heard.

Here's a look at some of the other cases we're following in DuPage County.

Downers Grove:
A Downers Grove man has pleaded not guilty to charges he sexually abused a 16-year-old girl in October and November.

Brian Turner, 45, was arrested Nov. 24 and indicted Dec. 13 on multiple counts of aggravated criminal sexual abuse tied to encounters between Oct. 26 and Nov. 22, records show.

Turner remains in DuPage County Jail on $100,000 bail with a hearing scheduled for Dec. 27.

Lisle:
The last of four men charged in a July 7-Eleven robbery has pleaded guilty for his part in the incident, records show.

DeShaun Wilson agreed to a deal with prosecutors, who dropped several other counts in exchange for Wilson receiving a six-year prison sentence with a recommendation for a prison boot camp. The sentence roughly matches those received by two co-defendants, Antonio Finley and Steven Gayden, who also pleaded guilty to robbery in recent months and were sentenced to prison time with boot camp recommendations. Gayden is housed at the Sheridan Correctional Center, while Finley has not yet been assigned.

A fourth man, Antwan Jones, has pleaded guilty but awaits sentencing. He returns to court Jan. 15. The four were charged with robbing the store and assaulting a clerk.

Naperville:
A Naperville man accused of planning to use a pipe bomb in an arson plot has pleaded guilty to possession of an explosive or incendiary device, court records show.

Joseph Schwab was arrested in March after an incident at his residence in the 800 block of Plainfield-Naperville Road. Schwab was sentenced to three years of probation, drug testing and fines and costs totaling $685, records state. He was also prohibited from owning any weapons or having a firearm operators identification card.

Explosive devices seized by police will be used for training exercises, while other guns, knives and swords owned by Schwab are being held while the court determines what should be done with the items.

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Jim R December 24, 2012 at 01:27 PM
Wish they could throw the book at the lawyer who is making that defense. Likely a robbery was reported where the race and other factors were mentioned such as clothing or running away, so they see a person in a taxi who fits the description and stop the cab on a "hunch". Now the lawyer wants him freed though evidence was found. I do not think this is racial profiling. Unless the lawyer can show that there was no good reason to stop him, he should be prosecuted and the lawyer fined for wasting the courts time. Sorry but I do not want a person like this set free.
Independence666 December 24, 2012 at 03:34 PM
Come on. You're kidding right? The cops violated this idiot's rights? Once they found the evidence they should have taken him to a dark alley and staged some sort of "accident". Fools like this need to learn that Elmhurst is a dangerous place to commit a crime.
Louie_BanDana December 24, 2012 at 04:50 PM
Don't worry, no judge will allow this idiot back on the street.
CPT. OBVIOUS December 24, 2012 at 05:27 PM
Elmhurst is a dangerous place to commit a crime? Wow you need to understand how small town police forces work. Biggest motivation is money, hence the ramped up fight against DUI's and drugs which bring in the big bucks for the county. If they focused even half their resources on the break-ins and robberies we would all be much safer.
Stewart Levine December 25, 2012 at 05:31 AM
I highly doubt that motion by the defense attorney will work, atleast not in dupage

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