Chicago – Attorney General Kwame Raoul charged two men for allegedly selling firearms earlier this year in Kane County. The Attorney General’s charges come despite both men being previously convicted of multiple prior felonies related to the unlawful use of weapons.
Raoul’s office charged Earl Roschell, 31 of DeKalb, Illinois in Kane County Circuit Court with three counts of an armed habitual criminal, Class X felonies punishable by up to 40 years in prison; one count of gunrunning, a Class 1 felony punishable by up to 15 years; three counts of the unlawful sale or delivery of a firearm, Class 4 felonies punishable by up to three years in prison; and one count of conspiracy to commit gunrunning, a Class 2 felony punishable by up to 14 years in prison. Roschell’s detention hearing is June 28.
The Attorney General’s office also charged Gerardo Martinez, 30 of Melrose Park, Illinois with one count of gunrunning, a Class 1 felony punishable by up to 15 years; three counts of the unlawful sale or delivery of a firearm, Class 4 felonies punishable by up to three years in prison; one count of conspiracy to commit gunrunning, a Class 2 felony punishable by up to 14 years in prison; and four counts of the unlawful use of a weapon by a felon, Class 2 felonies punishable by up to 14 years in prison. A warrant has been issued for Martinez’s arrest.
Sentences are ultimately determined by the court and can run concurrently.
“I am firmly committed to prosecuting illegal gun sales that go hand in hand with gun violence in our communities and other criminal activities throughout Illinois,” Raoul said. “I appreciate collaborations with the ATF and local and federal law enforcement agencies, which is essential to addressing gun trafficking and holding perpetrators accountable for fueling violence in our communities.”
Raoul’s office alleges in the indictment Roschell was on house arrest and paroled to DeKalb County March 7, when he and Martinez sold two rifles and one shotgun for $2,300 to two individuals at an Aurora, Illinois Home Depot parking lot. During the sale, Martinez allegedly had a .45 caliber pistol in his sweatshirt pocket.
This case was referred to Raoul’s office by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) following the ATF’s investigation. The Aurora Police Department also assisted with this case.
“Holding those accountable for trafficking firearms in our communities is exactly what these charges represent,” said ATF Special Agent in Charge Christopher Amon of the Chicago Field Division. “I commend the Illinois State Attorney General’s office for their partnership with ATF and local law enforcement in prosecuting those responsible.”
At the time of his arrest, Roschell was on parole after previously being convicted of the unlawful use of a weapon by a felon. During that incident in 2021, Roschell was pulled over by Chicago Police Department (CPD) officers while driving a vehicle he was not licensed to operate. When asked to exit the vehicle, Roschell instead accelerated the vehicle toward a CPD officer, struck the squad car, another vehicle and a fence. Roschell and two other occupants fled the scene and left behind a loaded and chambered 9 mm handgun on the roof of the vehicle. Prior to that, Roschell had been convicted in 2018 with unlawful use of a weapon by a felon in both Kane and Cook counties then sentenced to seven years in prison; and in 2012 for aggravated battery in Kane County then sentenced to five years in prison.
Martinez, who also has a criminal history, has an outstanding 2022 warrant for the unlawful use of a weapon by a felon and the unlawful distribution of a controlled substance over 100 grams.
The public is reminded the defendants are presumed innocent until proven guilty in a court of law.
Raoul’s Statewide Grand Jury Bureau is authorized by Illinois statute to prosecute multi-county cases involving drugs, money laundering, guns or electronics. Working regularly with state and federal counterparts, the bureau focuses on complex, often large-scale, organized criminal activity.
Deputy Bureau Chief Andrew Whitfield is prosecuting the cases for Raoul’s Statewide Grand Jury Bureau.
