Felon sentenced to 44 years in prison for ‘Batman’ car shooting near McHenry

A felon convicted of attempted murder for shooting at a car decorated with Batman decals and driven by a McHenry man was sentenced Wednesday to 44 years in prison.

In May, Juan A. Colon, 29, of Waukegan was found guilty by Judge Mark Gerhardt, who heard his case rather than a jury, on two counts of attempted murder, Class X felonies, as well as aggravated discharge of a firearm and being a felon in possession of a firearm.

Assistant State’s Attorney Ashley Romito argued that Colon receive the maximum sentence of 30 years in prison on the attempted murder charge, plus 20 years for using a gun during the commission of a crime.

Romito called Colon “utterly incorrigible” with a lack of regard for others. She noted his long criminal history and the leniency that he has received from the court system over the years, including reduced charges and sentences of probation.

On April 24, 2022, about a month after being released from probation on a previous, unrelated conviction, Colon, a felon unlawfully in possession of a firearm, shot at and tried to kill the driver of black Ford covered in Batman decals, according to trial testimony.

The incident, caught on the victim’s dashboard camera, began moments before when a Lincoln SUV in which Colon was a passenger drove into the oncoming traffic lane on River Road near McHenry and passed the Ford. As the SUV passed, someone inside the car threw a water bottle at the Ford.

The Ford driver then followed the SUV into a residential neighborhood. Both vehicles stopped, the Ford behind the SUV. The driver of the Ford never got out of his car, but Colon is seen on video swiftly walking toward the driver’s side of the Ford.

Although not on video, the victim said Colon came to his window and shot at him. The driver pulled out Mace and sprayed Colon, and Colon ran back to the SUV while shooting his weapon over his shoulder, two more times at the Ford, according to authorities and testimony.

During Colon’s trial, his attorneys said he was provoked by the Ford driver because he followed the SUV. Assistant Public Defender Kyle Kunz argued that Colon shot at the Ford driver in self-defense because he thought the man was wielding a gun. Colon also believed that the driver was chasing after him when he ran away, Kunz and Colon said at trial.

But Wednesday, Romito called Colon “violent,” “manipulative” and “a liar.” He was “not provoked that day,” and given he shot at the driver from just inches away, Colon is “so lucky he wasn’t charged with murder,” Romito said.

She also noted the damage he’d done while in jail, including breaking a sprinkler and smearing feces on the window and walls of his cell. Further, Romito referred to statements that Colon made on recorded jail phone calls where he laughs about his case and talks about bulking up and slapping someone. She said this shows his violent behavior “escalating.”

“Society deserves to be protected from him,” the prosecutor said.

Kunz argued for the minimum of 26 years in prison: six years for the conviction and 20 for the use of a gun during the commission of a crime.

He said Colon had a rough upbringing with no parental guidance to lead him on the right path and has “battled mental health [issues] most of his life.” Kunz pushed back on prosecutors’ claims that there was “no provocation” by the Ford driver. Kunz referred to the man’s testimony when he said he continued to follow the SUV when it turned off River Road and that he had yelled at Colon.

In announcing the sentence, Gerhardt said that although both sides acknowledged Colon has a history of mental health issues, they did not say how it may have affected his behavior, nor did they bring in any medical expert to testify to it.

The judge said the driver provoking Colon was a response to the bottle being thrown at him.

“They initiated this,” Gerhardt said. “That was the match that lit the fuse.”

And, as for Kunz blaming Colon’s actions on a tough upbringing and his mental health, Gerhardt said: “It is time for [Colon] to take responsibility” for his actions. [Colon] came within inches of taking [the man’s] life.”

Gerhardt sentenced Colon to 24 years for the attempted murder, plus 20 years because the offense involved the use of a gun. He is required to serve 85% of his prison time, followed by three years of mandatory supervised release. Gerhardt also sentenced Colon to 10 years on the conviction of being a felon with a firearm, but that will run concurrent with the rest of the sentence. He is receiving credit for more than 1,000 days he has been held in the county jail.

The driver of the SUV, Joseph Crisara III, initially was charged in connection with the incident. However, he later pleaded guilty to drug charges that resulted as part of the investigation into the shooting.