Elmhurst, IL – A Cook County man accused of possessing a loaded handgun allegedly modified to fire in fully automatic mode will remain detained ahead of trial after a DuPage County judge denied pretrial release.
According to DuPage County State’s Attorney Robert Berlin and Elmhurst Police Chief Michael McLean, Judge Joshua Dieden granted the state’s request Tuesday to detain Iziah Benavidez, 23, of Rolling Meadows.
Benavidez faces one count of unlawful possession of a weapon-machine gun, one count of burglary, one count of unlawful possession of a weapon by a felon, two counts of retail theft and one misdemeanor count.
The case stems from an alleged Aug. 9 retail theft at the Elmhurst Kohl’s on South Route 83. Prosecutors allege two men each took a backpack, concealed merchandise inside and left without paying before fleeing in a Nissan.
Police allegedly located that Nissan at approximately 6:30 p.m. Sunday. During a traffic stop, officers learned Benavidez allegedly sold a battery charger from the earlier theft and reportedly saw the charger in the vehicle.
Authorities allege Benavidez ran when asked to exit the Nissan but was quickly apprehended. During a search, officers allegedly found a loaded 10mm Glock 29 beneath the driver’s seat with a 24-round magazine and a switch prosecutors say allowed automatic fire. A 9mm pistol was allegedly found in the glove compartment.
Further investigation determined the Glock had been reported stolen to Chicago police in January, authorities said.
The allegations have not been proven in court. Benavidez is presumed innocent unless proven guilty beyond a reasonable doubt.
His next court appearance is scheduled for Sept. 14 before Judge Ann Celine O’Hallaren Walsh.
