McHenry County, Illinois

From Arlington Heights’ Daily Herald of March 19, 2007

Charges dropped against McHenry County man who shot suspected burglar

Faced with the victim’s refusal to testify, McHenry County prosecutors today dismissed charges against a man accused of shooting a teenager he believed was breaking into his vehicle.

The decision to drop the case against Jerry P. Sweat, 42, came after the 18-year-old authorities say he shot indicated he would assert his Fifth Amendment rights against self-incrimination if called to testify about an incident for which he is charged with burglary.

Sweat, of Marengo, faced charges of aggravated battery with a firearm and reckless discharge of a firearm stemming from a Dec. 3 incident in which, authorities say, he awoke at about 4 a.m. to find two teens breaking into a vehicle parked in his driveway.

Instead of calling police, investigators said, Sweat retrieved a rifle, rushed out to his front porch and fired several shots at the burglary suspects, striking one three times.

Sweat declined comment Monday, but his lawyer said his client maintains he did nothing wrong by shooting at the teens.

“It would have been a waste of taxpayers’ money to bring this to trial because they cannot prove their case,” defense attorney Donald Franz said. “My client is not guilty.”

The teen shot in the incident, Patrick K. Gaughan, of Marengo, suffered bullet wounds to the hip, shoulder and hand. Gaughan, however, declined to testify against Sweat Monday because McHenry County prosecutors have charged him with burglary and obstructing justice in the same incident.