Winnebago County prosecutors look for swift action against gun offenders in federal court

By Kevin Haas
Rock River Current
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ROCKFORD — When Thomas Brooks was arrested in November, police said the Glock 26 9mm pistol they recovered was modified to make it even more deadly.

The gun was modified with a switch that made it fully automatic.

“Which essentially converts a regular gun into a machine gun,” said John Lausch Jr., U.S. Attorney for the Northern District of Illinois. “That’s a federal crime, and we can charge that federally.”

Authorities say the gun was loaded with 17 rounds of ammunition and an extended magazine. It also had an additional extended magazine with 31 rounds of ammunition.

Brooks, who was on probation and wanted in connection to several gun crimes, is being tried in federal court after major case prosecutors in the Winnebago County State’s Attorney’s Office brought the case there. The federal case comes with stiffer penalties if Brooks is convicted and can give prosecutors access to additional investigative resources such as those from the Bureau of Alcohol, Tobacco, Firearms and Explosives.

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Brooks case was held up Wednesday as one example of how an intelligence-led prosecution strategy and partnership with U.S. Attorney’s Office is being put into action.

Winnebago County State’s Attorney J. Hanley held a news conference with Lausch, Rockford Police Chief Carla Redd and other prosecutors and public officials to announce the award of a $100,000 federal Project Safe Neighborhood grant to support the implementation of the strategy, which is centered around reducing violent crime.

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The money helped Hanley create and designate two dedicated major-case prosecutors who will focus on “the relatively small criminal population responsible for most violent crimes committed in our community,” Hanley said. The strategy is aimed at reducing crime, particularly gun crime, through close coordination with law enforcement, federal partners and other agencies in the community.

“From day one we have been seeking out and devoting resources to the prosecution of violent criminals,” Hanley said at the news conference. “It is our number one priority.”

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The two major case prosecutors are Amy Ohtani and Theodora Anderson. Anderson also holds the designation of special assistant U.S. attorney, which means she can try cases in both state and federal court. Hanley said the last time a local prosecutor held that designation was the late Mark Karner, who worked for the office for 16 years starting in 1989.

“While the state system has many powerful tools to prosecute firearms cases, in some instances the federal system may be a better avenue,” Hanley said.

One of the benefits, Hanley said, is that federal charges act as a bigger deterrent to crime than state court.

“If you’re sitting in our jail or out and about and you get served with a federal warrant that probably hits a little bit different than a state warrant,” he said.

Cases involving modifications to firearms, possession with a prior conviction and cases were federal prosecution would lead to a stiffer sentence are the ones most likely to be tried in federal court by the major case prosecutors.

Hanley said the prosecutors will also track their progress, including conviction rates, sentencing obtained and cases referred to federal court. He said about 12 months of data would be needed before his office would analyze the results and release them publicly.

“There is no higher priority in our office than to reduce violent crime and keep people safe,” Lausch said. “This Project Safe Neighborhoods grant will allow us to work closer than ever with our state and local law enforcement partners in Winnebago County to prosecute the most violent offenders.

Brooks faces 10 years in prison if he’s convicted. He has pleaded not guilty and his case is pending.

This article is by Kevin Haas. Email him at khaas@rockrivercurrent.com or follow him on Twitter at @KevinMHaas