RESOLVING THE LEDGER
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A federal judge sentenced a man to 30 months in prison after he admitted he fired a gun “in proximity of” U.S. Customs and Border Protection agents during the final days of Operation Midway Blitz last fall.
In sentencing Hector Gomez on Thursday, U.S. District Judge Matthew Kennelly said his actions could have led to a far more tragic outcome.
Kennelly stressed the seriousness of Hector Gomez's actions on Nov. 8, saying that firing a gun during a "potentially volatile situation" could have put both protesters and federal agents agents at risk. “It's great that it didn't happen, but it's just a really bad situation,” said Kennelly.
For those reasons, Kennelly sentenced Gomez to 30 months in prison, with a year of supervised release — though Gomez likely will be deported to Mexico after he's released from prison.
Gomez's sentencing is the first in a nonimmigration criminal case stemming from the Trump administration's deportation campaign in the Chicago area last year. Gomez pleaded guilty in April to illegally possessing a firearm as a felon.
Federal prosecutors have charged 33 known defendants with nonimmigration crimes tied to Midway Blitz. Twenty-four were cleared; five others are on track to see their charges dismissed. Charges against two individuals were still pending.
Gomez's attorney, Michael Monaco, asked the judge to impose an 18-month sentence, saying Gomez regretted his actions and that his judgment had been impaired by alcohol.
Monaco said the shooting happened during one of several "binge-drinking" episodes for Gomez, 46, who began drinking at age 14. According to his lawyers, Gomez was drinking the night before and resumed drinking as soon as he woke up the morning of the incident.
Assistant U.S. Attorney Jill Bhalakia said Gomez was driving under the influence when he fired at least two shots near Border Patrol agents in the 2400 block of South Kedzie Avenue.
Prosecutors said Gomez fled the scene before parking near the 3100 block of West 26th Street. Around 2:30 p.m., Gomez got out of the Jeep, brandished the gun in front of an unidentified person and "laughed profusely" while doing so.
Chicago police later found Gomez sitting in the driver's seat with the gun in his lap and beer bottles in the center console, according to prosecutors.
Bhalakia said Gomez has been removed from the United States multiple times, was convicted of illegal entry in 2010 and became the subject of a final order of removal on Dec. 10. She noted he was also convicted last year of aggravated unlawful possession of a weapon.
Though Kennelly acknowledged Gomez had a drinking problem, he said there was no guarantee he wouldn’t “find himself in these kinds of situations again.”
Kennelly said he found the recommended 30-month sentence surprisingly low given the seriousness of Gomez’s conduct, but said he would respect the prosecutors’ recommendation and wouldn't increase the sentence.
Gomez addressed Kennelly during the sentencing hearing, saying he was “ashamed” and “regretful” of his actions. He said his time in prison had given him an opportunity to reflect on the situation and “ I am now a better person.”
Gomez said when he returns to Mexico he will reunite with his wife and their three children.
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