A 23-year-old Rolling Meadows man will stay behind bars ahead of trial after Elmhurst police say they found a stolen handgun rigged to fire like a machine gun tucked under the driver's seat of his car. Iziah Benavidez now faces a Class X felony charge for unlawful possession of a weapon-machine gun, along with burglary, retail theft, and felon-in-possession counts stemming from an August 18 traffic stop.
According to the DuPage County State's Attorney's Office, the case began on August 9 when loss prevention personnel at the Kohl's located at 303 S. Route 83 in Elmhurst reported that two male subjects had each taken a backpack from the store, concealed additional merchandise inside them, and left without paying. Elmhurst police also received information that Benavidez allegedly stole a battery charger from the same Kohl's earlier that same day. The two subjects fled the scene in a Nissan, according to the state's attorney's office.
License Plate Tech Flags Return to the Scene
Elmhurst police used technology to alert officers when a known theft suspect returned to the scene of a prior crime, per the state's attorney's office account, which led officers to locate the Nissan allegedly used by the two individuals and conduct a traffic stop. Benavidez was identified as one of the two male subjects and was apprehended safely after exiting the vehicle, the office said.
Inside the car, officers reportedly found a loaded 10mm Glock 29 under the driver's seat, fitted with a switch enabling automatic fire and a 24-round-capacity magazine. A second firearm, a 9mm pistol, was found in the glove compartment, and a battery charger was observed in plain view in the backseat of the Nissan, according to the state's attorney's office. FOX 32 Chicago has reported that the Glock 29 had been reported stolen to the Chicago Police Department in January 2026.
Charges Stack Up Under Illinois Statutes
Benavidez was charged with one count of unlawful possession of a weapon-machine gun, a Class X felony; one count of unlawful possession of a weapon by a felon, a Class 3 felony; one count of burglary, a Class 2 felony; and two counts of retail theft, one a Class 3 felony and one a misdemeanor. He was also cited for driving on a revoked license under Case No. 2026CF001686 following the arrest, according to a DuPage Mugshots post covering the case.
Under Illinois statute 720 ILCS 5/24-1, possessing a loaded machine gun or a handgun modified with an automatic conversion device inside a vehicle's passenger compartment is a Class X felony carrying a mandatory prison term of six to 30 years, with no eligibility for probation, according to legal analysis from Shifrin Law Group. Separately, unlawful possession of a firearm by a felon under 720 ILCS 5/24-1.1 is typically a Class 3 felony carrying two to 10 years, but that offense escalates to a Class X felony carrying up to 30 years when the firearm involved is a machine gun, as explained by Dolci & Weiland — meaning Benavidez's prior felony conviction significantly raises his potential exposure.
Judge Cites Pretrial Fairness Act in Detention Order
Circuit Judge Joshua Dieden granted the state's motion to deny pre-trial release for Benavidez, according to the state's attorney's office. Illinois became the first state in the nation to eliminate cash bail under the Pretrial Fairness Act in September 2023, a shift Hoodline has previously reported requires prosecutors to petition judges to detain high-risk felony defendants before trial by establishing that a defendant poses a threat to public safety or a flight risk.
DuPage County State's Attorney Robert Berlin said Benavidez is a convicted felon who forfeited his legal right to possess a firearm, and that an illegally owned firearm modified for automatic fire increases the danger to communities. He said public safety remains the top priority of his office, while also noting that the complaint contains only charges and is not proof of Benavidez's guilt, and that a defendant is presumed innocent unless and until the government meets its burden of proving guilt beyond a reasonable doubt.
Familiar Courtroom for a Recurring Weapons Issue
Benavidez is scheduled to appear in court on September 14 before Circuit Judge Ann Celine O'Hallaren Walsh, who has previously presided over major illegal firearm conversion device prosecutions in DuPage County — including a case Hoodline covered in 2024 involving a Hanover Park man convicted of selling illegal machine gun switches. Berlin thanked Assistant State's Attorneys Anthony Raimondi and Dan Orescanin for their work on the case, while Elmhurst Chief of Police Michael McLean thanked officers for arresting the felony defendant and thanked Berlin for his office's support and legal guidance.
McLean said police officers need resources to respond effectively to criminals who repeatedly target the community, according to the state's attorney's office statement. DuPage County prosecutors, under Berlin, have a history of using Illinois burglary statutes to charge suspects who enter retail stores intending to steal, elevating penalties beyond simple retail theft — a pattern Hoodline has documented in prior cases of repeat retail theft offenders losing pre-trial release.
A Wider Pattern of Converted Weapons
The case fits into a broader regional and national trend. In neighboring Cook County, where Benavidez resides, the State's Attorney's Office introduced a policy in January 2025 prohibiting prosecutors from reducing charges or offering plea deals in cases involving machine gun conversion switches, according to the Cook County State's Attorney's Office. Federally, a January 2024 report from the Bureau of Alcohol, Tobacco, Firearms and Explosives found that agents recovered more than 31,000 machine gun conversion devices across the country over a five-year period.
An Illinois sentencing analysis from June 2024 found that average prison sentences for Class X felony firearm possession offenses rose 11 percent statewide between 2019 and 2023, according to the Illinois Criminal Justice Information Authority. It remains unclear who the second male subject who fled the August 9 Kohl's incident was, and whether federal authorities will pursue supplemental charges over the unregistered conversion device, as those questions remain open in the case.
