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3 Handguns Found within Reach of Driver During Traffic Stop: Blotter

New Lenox police reports, April 29 to May 2.

THURSDAY, MAY 2

DUI Charge For New Lenox Man

Timothy Soja, 58, of the 800 block of Stonegate Road, New Lenox, was charged with driving under the influence, failing to signal and driving without insurance, according to a report. He was stopped at about 2:54 p.m. in the 2300 block of East Route 30, after an officer saw him fail to signal. Soja posted bond and was released.

Unlawful Use of a Weapon

Matthew Costenbader, 35, of the 1220 Martinsville, College Station, TX, was charged with unlawful use of a weapon and speeding more than 40mph over the limit, according to a report. Police stopped Costenbader at about 1:21 a.m. near the intersection of Sonoma Road and Washington Street after police saw his car traveling at a high rate of speed. An officer discovered the driver allegedly had three handguns within reach that were improperly stored in the car. He was taken to Will County jail.

MONDAY, APRIL 29

Retail Theft

Jamella Denwiddie, 29, of the 400 block of North Center Street, Joliet, was charged with retail theft, according to a report. She is accused of taking merchandise at about 9:08 p.m. from Wal-Mart, 501 E. Lincoln Hwy. She was released after posting bond.

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Police blotter information is provided by the New Lenox Police Department. Charges are not evidence of guilt. They are a record of police actions taken on a given day, and persons charged with a crime are presumed innocent until proven guilty in court. If you or a family member are charged or cited and the case is subsequently adjudicated, we encourage you to notify the editor. We will verify and report the outcome. If you have information about an unsolved crime, call the Investigations Unit at 815-462-6100.

harry May 06, 2013 at 01:55 PM
3 guns within reach is ... overkill. Texas accountant better get lawyer.
Donald Young May 06, 2013 at 02:43 PM
Poor Texan going to jail because he was not familiar with the ridiculous firearm laws here in democratic hell hole Illinois. Another victim of the Madigan democrate machine in Illinois
New Lenox Mom May 06, 2013 at 03:24 PM
Geez Donald, is there something keeping you tied here in this "hell hole"?? Please move to TX where the guns flow freely and people die in unregulated businesses.
Donald Young May 06, 2013 at 04:51 PM
Mom, I suppose you think that Illinois gun control prevents people from getting killed with guns. Remember, when seconds count the police are only minutes away. The only thing that can stop a bad person with a gun is a good person with a gun. Illinois, Chicago, Cook County gun control laws are a complete failure. None so blind as those that refuse to see!
local guy May 06, 2013 at 05:14 PM
Hey I am a gun owner, but three handguns in your car does seem a LITTLE EXCESSIVE!
Donald Young May 06, 2013 at 05:28 PM
Local guy, unfortunately we know little of the circumstances of this arrest incident. The man was from out of state, we have no idea why he had three guns in the car. I hope that we can agree that "within reach" can be anywhere within the cabin of the car. Based on what we do know saying this guy was LITTLE EXCESSIVE is a stretch.
Jim Blackman May 06, 2013 at 09:53 PM
Texas has a much lower crime rate than illinois. I carry in my car for protection. When you are being carjacked you need a firearm within reach. This texan must have known how dangerous illinois is. I dont care if his car had 50 guns in it. If he wasnt commiting a crime then he should have been left alone. Its our right to carry.
Mr. Mokena May 07, 2013 at 02:18 AM
Your lucky he didn't pull that sh!t in my town, I own 5 super soakers and always keep them strapped with plenty of H20 firepower...
chris May 07, 2013 at 05:03 PM
It really is no surprise that this man had three hand guns I mean he is from Tex-ass. But those who claim they are a responsible law abiding gun owner should do a little research when they are traveling across state lines since each state has its own laws when it comes to guns. Funny how state's rights came come back and bite you in the butt. And this wouldn't have been a problem if the guns were in the trunk since few people in Illinois have a concealed carry permit.
Donald Young May 07, 2013 at 05:20 PM
Chris, nobody in Illinois has a concealed carry permit. Fact is that there is no such thing in Illinois as a concealed carry permit. We have no idea if the vehicle of the arrestee had a trunk, it could have very well been a SUV or truck. At any rate my guess would be that if the vehicle was a car with a trunk and the guns were in the trunk this Texan would have been sandbagged and arrested anyway.
Community May 07, 2013 at 06:13 PM
It does not have to be in the trunk. As long as it is in a case and not loaded.
chris May 08, 2013 at 12:21 AM
Yes you would be correct on the concealed carry although retired police officers are allowed concealed carry. But the main issue is that they were within reach or not stored properly. This is why people need to do research when traveling across state lines to avoid problems like this. Of course this could have been avoided in the first place if he wasn't going 40 mph over the speed limit to which I think we can all agree that he did this to himself.
Donald Young May 08, 2013 at 01:27 AM
Chris, all retired police officers are not automatically permitted to carry concealed. The qualification for a State of Illinois IROCC (Illinois officers concealed carry) permit is lenghtly and restrictive, involving a yearly fee and range qualification. The main issue here is that the arrestee was speeding which caused the street stop, question is was there probable cause for the arresting officer to search and seize the firearms in the vehicles cabin. Will this case stand the test of a motion to suppress the evidence because of constitutional issues of improper search and seizure. That is what a judge will decide. There is a very good chance that the court will rule that the officer should have cited the speeding violation with a moving violation citation and allowed the driver to continue on his way. The chance that this arrestee was sandbagged by the arresting officer is probable. I wonder how aggressive the officer would be if he was working in the bowels of a ghetto or barrio in a large city like Chicago or Detroit? All that was accomplished here was that legal firearms were taken from an out of state visitor causing that visitor great hardship and a true view of democratic Illinois.
big daddy May 09, 2013 at 01:55 AM
well since speeding 40mph over the limit is a class A misdemeanor and therefore a mandatory arrest, I am guessing that the search incidental to arrest will be upheld.
Donald Young May 09, 2013 at 02:27 AM
A traffic citation is considered an arrest. There is no such thing as a search incidental to arrest unless the arresting officer is taking the vehicle into custody. In this incident there would be no legal reason to take the vehicle into custody. Park it legally and lock it if you are taking the driver into physical custody. I am sure the officer and the prosecutor may have some tall tale to tell the court to legalize the search and seizure and the judge will have to rule. Then again the prosecutor may look at this case, recognize that the arestee was sandbagged and the U.S. Constitution was violated and toss the case. Either way the Texan will get a good taste of democratic justice here in Illinois.
Jim Blackman May 11, 2013 at 12:19 AM
This case will be fun to see the outcome. I hope he has a decent lawyer. The handgun laws in illinois were ruled unconstitutuonal and are in limbo. Under what law are they able to charge him? The law ruled unconstitutional?
Jim Blackman May 11, 2013 at 12:22 AM
The New Lenox police are not very bright anyway. They are a bunch of kids with tasers and guns thinking they are superior to everyone. They even tased a one legged war veterain trying to help out at an accident scene.
tie-rone shoelaces May 11, 2013 at 01:38 PM
they need to hire police who have finished going through puberty & get rid of the mayor who scams disability what a bunch of homos

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