A month after receiving nine years in prison for pointing a gun at an Aurora police officer, Erik Esparza hoped to win a reduced sentence.
That request fell flat as Kane County Judge D.J. Tegeler denied Esparza’s request Thursday to reconsider a sentence his attorney called “excessive.”
Esparza was convicted of aggravated unlawful use of a weapon, possession of a weapon by a gang member and aggravated assault following a February trial. Tegeler handed down the nine-year prison term during a March hearing.
Esparza’s reconsideration motion suggested that the sentence was too lengthy for someone with no prior sentences to “adult prison.” The motion also noted no one was injured in the July incident and that the health of Esparza’s mother, among other factors, should have received greater consideration by Tegeler.
Esparza and a second man, 23-year-old Rene Muro, were arrested in July after undercover police spotted them in the area of Pearl Street and Parker Avenue. Police said the men exited a suspicious vehicle and began walking between homes. Police confronted the pair, which led Esparza to point a .45-caliber handgun at one of the officers, which prompted the officer to fire two shots in the direction of Esparza and Muro, according to prosecutors. Neither man was hit, and the pair ran away. Esparza was captured about 90 minutes later when police found him hiding between garages in the neighborhood, authorities said.
Police said they recovered two handguns during an investigation. Both men are documented gang members with previous criminal histories, court documents show.
Muro pleaded guilty last week to a single count of possession of a firearm by a gang member, for which he received six years and seven months in prison, with credit for time served in Kane County Jail since his arrest.
Dan Campana is a freelance reporter for The Beacon-News.