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Feds using US Code to charge Chicago Area Carjackers (18 U.S.C. § 2119 1110. Carjacking Statue)

John Kugler - August 03, 2022

In what seems to be an aggressive move by the Biden administration the U.S. Attorney’s Office of the Northern District of Illinois, is being used to fight street crime in the Chicagoland area.

The same help came in the times of Al Capone when city crime was out of control and there was capitulation by local politicians in supporting criminal enterprise in the city of Chicago.

Fed Charges for Carjacking with fully automatic pistol at Suburban Chicago Gas Station after citizen detains criminal (18 USC 2119)

www.justice.gov

Tuesday, August 2, 2022

Title 18 United States Code 2119 (18 USC 2119) states that it is unlawful for you to take a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation (or attempt to do so), with the intent to cause death or serious bodily harm. https://www.law.cornell.edu/uscode/text/18/2119

CHICAGO — A man has been charged in federal court with carjacking a vehicle at gunpoint last week while two children were in the car.

The alleged carjacking occurred on the afternoon of July 27, 2022, at Thorntons gas station, 14840 S. Western Ave. in Posen, Ill. The victim was entering the driver’s seat of her Kia Optima when KEWAN A. TILLMAN approached, pointed a loaded handgun at her, and demanded the key, according to a criminal complaint filed Monday in U.S. District Court in Chicago. The victim got the two children out the vehicle before Tillman stole the car and drove off, the complaint states. Tillman quickly lost control of the vehicle, got out, and ran back toward the gas station, the complaint states. Tillman unsuccessfully attempted to force entry into a parked semi-trailer before placing the handgun in a sewer and then trying to force his way into another vehicle, the complaint states. The driver of that vehicle pushed Tillman to the ground, and Posen Police officers arrested him, the complaint states. The officers then discovered the handgun in the sewer, the complaint states. A “sear switch” was allegedly affixed to the gun, which could make it capable of firing more than one shot with a single pull of the trigger.

Tillman, 19, of Calumet City, Ill., is charged with one count of carjacking. He is currently in law enforcement custody. An initial appearance in federal court in Chicago has not yet been scheduled.

The complaint was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Kristen de Tineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives. Substantial assistance was provided by the Posen Police Department. The government is represented by Assistant U.S. Attorney Caitlin Walgamuth.

The federal investigation into the carjacking remains ongoing.

The public is reminded that a complaint is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. The carjacking charge is punishable by up to 15 years in federal prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.

Attachment(s): Download Tillman complaint (also below in pictures)

https://www.justice.gov/usao-ndil/press-release/file/1523576/download

1110. CARJACKING STATUTE

The carjacking statute, 18 U.S.C. § 2119, which originally became effective on October 25, 1992, provided in relevant part:

Whoever, possessing a firearm ... takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, shall þ (1) be fined under this title or imprisoned not more than 15 years or both; (2) if serious bodily injury results, be fined under this title or imprisoned not more than 25 years, or both; and (3) if death results, be fined under this title or imprisoned for any number of years up to life, or both.

On September 13, 1994, § 2119 was amended to read as follows:

Whoever, with intent to cause death or serious bodily harm takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, shall (1) be fined under this title or imprisoned not more than 15 years or both, (2) if serious bodily injury results, be fined under this title or imprisoned not more than 25 years, or both, and (3) if death results, be fined under this title or imprisoned for any number of years up to life, or both or sentenced to death (emphasis added to highlight the 1994 changes to the statute).

https://www.justice.gov/archives/jm/criminal-resource-manual-1110-carjacking-statute

If you are convicted of federal carjacking, you face severe punishment. Upon conviction under 18 USC 2119, you face a maximum of 15 years in federal prison, a fine of up to $250,000, or both. If someone suffered serious bodily injury as a result of your carjacking, you face a sentence of up to 25 years in federal prison, a fine of up to $250,000 or both. If death occurs as a result of your act of carjacking, you face a sentence of life imprisonment or death penalty, a fine of $250,000 or both imprisonment and fine.

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