Berwyn Police Blotter
Ad hominem attacks earn additional charge in illegal-fireworks incident
July 4, 2008, 11:23 PM
An officer saw five people setting off illegal fireworks in the front yard of a house in the 1300 block of Clarence, east side, and informed them the items were illegal to possess or set off.* Two men, residents of the house, grew irate when so advised. Roberto D. Cubero, 19, and Edwin L. Cubero, 20, yelled at the officer, “It’s the 4th of July and I don’t see you stopping anyone else!’ The officer asked the men how long they had lived at that address, and learned it had been seven years. He then informed them that after seven years, they ought to be aware of the law. Both Cuberos reportedly used obscene and argumentative language toward the officer.
When the officer told Robert Cubero he was getting a ticket and must turn over any remaining fireworks, Cubero refused to comply. When the officer attempted to take Cubero into custody, Edwin Cubero pulled Robert away from the officer, then fled on foot to the alley. Robert, too, tried to flee, but was arrested. Because Robert continued to yell, “You’re a racist M@&#^%F@*#&r!"** and so forth, the officer summoned backup units. Edwin L. Cubero was issued a ticket for using fireworks illegally; the ticket was turned over to another resident at his address, since he fled the scene. Robert D. Cubero was charged with illegal possession and use of fireworks, and with disorderly conduct.
*
425 ILCS 35/2) (from Ch. 127 1/2, par. 128)
Sec. 2. Possession, sale, and use of fireworks. Except as hereinafter provided it shall be unlawful for any person ... to knowingly possess… use or explode any display fireworks, flame effects, or consumer fireworks....
(Source: P.A. 93‑263, eff. 7‑22‑03; 94‑658, eff. 1‑1‑06.)
**
One of the offenders made similar accusations in an incident a few months earlier:
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