Charges were dismissed Wednesday for a Zion man arrested in “Operation Shut Down the Hustle,” a wire tap investigation that led to charges against more than 25 area residents.
Brian Harper, 41, no longer faces charges that included racketeering and drug conspiracy and enterprise, felonies that could have resulted in a life sentence.
Accused of being part of the Four Corner Hustlers street gang, Harper was charged under the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Act.
Assistant State’s Attorney Reginald Mathews said the state requested dismissal of the RICO charges because Harper’s alleged involvement was less than other defendants.
Harper’s lawyer, Jed Stone, said his client was never a leader, recruiter or director of the Four Corner Hustlers, which was the target of the investigation, and said Harper is not guilty of any of the RICO crimes alleged in the indictment.
“Those charges never should have been brought. They were baseless,” Stone said after the hearing. “He could have spent life in prison for nothing.”
Harper, who was charged in the RICO case in November 2014, was later arrested on a warrant and has remained in Lake County Jail since March 2015.
Mathews said Harper recently pleaded guilty to unrelated charges of aggravated fleeing and eluding related to charges of DUI and driving without a license. He will serve treatment-oriented probation for those offenses, Matthews said.
The state agreed to review his involvement in the RICO case following that voluntary plea deal, Matthews said. His time served in jail was also a consideration in the decision.
On Monday, a judge will consider a motion filed on behalf of 43-year-old Gregory Harris Sr., the man accused of being the leader of the group arrested in “Operation Shut Down the Hustle.” The motion claims the Lake County state’s attorney’s office improperly ordered telephone wiretaps during the investigation.
Douglas Roberts, who represents Harris, said two assistant state’s attorneys ordered telephone “overhears” even though their position does not allow them to do so under state statute.
Roberts said Harris, who faces RICO charges of street gang criminal drug conspiracy and enterprise and delivery of cocaine, was not a member of the Four Corner Hustlers and “was not in charge of anything.”
State’s Attorney Michael Nerheim said earlier this week that he could not respond to specific questions about the motion, but he thinks investigators and prosecutors worked within legal guidelines throughout the operation.
“I’m confident the law has been followed,” Nerheim said.
Stone, who has been critical of the mass arrests and indictments that resulted from “Operation Shut Down the Hustle,” said if Roberts’ motion is successful it could affect the charges against all of the other defendants.
The months-long investigation, which was conducted by local, state and federal authorities, recovered large quantities of drugs, weapons and cash, authorities said.
Evidence in the case includes video and audio recordings, phone taps and testimony from undercover agents who infiltrated the gang, officials said.
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