Earlville man gets 1 year in prison for possessing loaded gun

An Earlville man was sentenced Wednesday to a year in prison for having a loaded pistol, for which he had no concealed carry permit, inside a vehicle.

Levi J. Hernandez, 19, of Earlville had appeared Aug. 9 in La Salle County Circuit Court and entered a blind plea to aggravated unlawful use of a weapon, a Class 4 felony carrying up to three years in prison but no possibility of probation.

On Wednesday, attorneys disclosed that Hernandez would serve the minimum sentence. Hernandez, who apologized when offered a chance to speak, had no criminal history.

Peru defense attorney George Leynaud said Hernandez amassed multiple pretrial credits and would serve only two months in the Illinois Department of Corrections.

Despite the abbreviated sentence, Leynaud lamented that prison was a necessary outcome. The legislature had ruled out probation in such cases and did so shortly before Hernandez was charged.

Hernandez was charged after La Salle County sheriff’s deputies responded March 4, 2023, to reports of a drive-by shooting. No such incident occurred – it was a BB gun that was discharged – but an ensuing traffic stop resulted in the seizure of a 9-mm pistol and two magazines, one of them holding 30 rounds, in a backpack.

Although the pistol belonged to a family member, Hernandez admitted to possessing the backpack. He had neither a concealed carry permit nor a firearm owner’s identification card.