STATE’S ATTORNEY BIRKETT CONTINUES OPERATION C.A.G.E.
CIVIL ACTIONS AGAINST GANG ELEMENTS)

WHEATON - DuPage County State’s Attorney Joseph E. Birkett announced today that his office has filed a civil lawsuit against the Sureños (AKA Thirteens) street gang under the Illinois Street Gang Terrorism Omnibus Prevention Act.  Passed in 1993 by the Illinois General Assembly, this law recognizes the fact that street gangs are operating throughout Illinois, and through their actions, are terrorizing communities with repeated acts of violence.  The filing of this action marks the third such time Birkett has used the Act in the County’s fight against street gangs.  In 1999, Birkett filed the first ever such lawsuit in Illinois and successfully obtained Court relief that was used to disrupt the criminal actions of the Satan Disciples street gang operating in West Chicago.  On October 23, 2006, Birkett filed suit against the Latin Kings street gang operating in Addison. 

“Street gangs must be stopped, period,” commented Birkett.   “They have permeated our neighborhoods and schools to the point where no child is immune to their presence.  Gangs are constantly on the prowl looking for new members.  They use our schools, parks and even our streets as their recruiting grounds.  No child should have to endure this type of constant threat. The filing of this lawsuit is yet another tool we can use to combat street gangs.”

The lawsuit alleges that in Addison and West Chicago, since 2002, members of the Sureños street gang engaged in, among other criminal activities, aggravated battery, unlawful possession and delivery of a controlled substance, unlawful possession and use of weapons and criminal defacement of property. 

“What this lawsuit attempts to do is to dismantle the operations of the gang through a Court order that will prohibit gang members from associating with each other.   I strongly believe that this approach, attacking the gang as a whole, can be far more effective than the prosecution of individual gang members.  Our hope is that this action will ignite even closer cooperation and collaboration between community agencies and our citizens to combat street gang activity, as was the case in West Chicago,” remarked Birkett.

The complaint seeks injunctive relief against the Sureños street gang and all of its members.  Birkett is requesting, among other things, an order from the Court prohibiting the gang and its members from gathering, or appearing anywhere in public view with any other defendant or known Sureños gang member; being present in a neighborhood in West Chicago known to be frequented by the street gang; possessing or discharging any weapon; using, possessing, delivering, or manufacturing any illegal or controlled substance or cannabis; directing or participating in any assaults or battery; applying any gang graffiti on to any public or private property.  In all, Birkett is seeking a Court order prohibiting fourteen specific categories of activities closely associated with street gang activity.  Birkett is also seeking unspecified monetary damages from the gang to help offset costs incurred by Addison and West Chicago in combating gangs. 

“The lawsuit is not limited to adults.   Individuals who are identified as members of this dangerous street gang will be named regardless of their age.  Hopefully, we can get their attention before they end up in prison or a graveyard,” Birkett said.

On September 9, investigators from the DuPage County State’s Attorney’s Office, Addison, West Chicago, Aurora and Naperville Police Departments served 26 named defendants.  The case has been assigned to Judge Bonnie Wheaton.

   “I would like to thank the DuPage County Sheriff’s Office as well as the Addison and West Chicago Police Departments for their time, commitment and professionalism in this case and the Aurora and Naperville Police Departments for their assistance as well,” commented Birkett. “With their continuing efforts I am confident that we will be able to put the Sureños out of business.  I would also like to thank Assistant State’s Attorney Paul Marchese for going above and beyond the call of duty in preparing this case.”

Birkett has invited the State’s Attorneys from the collar counties as well as Cook County State’s Attorney Richard Devine to join him in the suit.

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