Gilberto Mojarro-Garcia, 36

A man, who was already on probation for burglaries, has been released under the SAFE-T Act after he allegedly burglarized two businesses in Third Lake and kicked a deputy early Sunday morning.

Gilberto Mojarro-Garcia, 36, with no permanent address, was charged with aggravated battery to a peace officer, two counts of burglary, criminal damage to government property, criminal damage to property and resisting a peace officer.

The Lake County Sheriff’s Office responded around 1:15 a.m. Sunday to Lucky Penny’s – 34572 Route 45, Suite B, in Third Lake – for a burglar alarm activation.

Deputies arrived and found the front glass door was shattered and clear evidence that a burglary had occurred, Lake County Sheriff’s Office Deputy Chief Christopher Covelli said.

“Inside the café, they discovered fresh blood, likely from the suspect sustaining injuries during the break-in,” Covelli said.

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Deputies also found that the neighboring business, Athletico, was also burglarized.

Deputies searched the area and found Mojarro-Garcia with fresh cuts on his hands and arms and blood-stained clothing, Covelli said.

Deputies also discovered a stolen and damaged cash register nearby.

Surveillance video from Lucky Penny’s allegedly confirmed Mojarro-Garcia’s involvement in the burglary.

Mojarro-Garcia was arrested.

While he was secured in a squad car, he began kicking the door, Covelli said.

“When deputies attempted to further restrain him, Mojarro-Garcia kicked one of the deputies,” Covelli said. “Fortunately, the deputy was not injured.”

When Mojarro-Garcia arrived at the Lake County Jail, his aggressive behavior allegedly escalated, requiring correctional officers to deploy pepper spray “to ensure the safety of all personnel.”

Sheriff’s detectives are working to determine if Mojarro-Garcia is connected to other burglaries in the same area last week, Covelli added.

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The Lake County State’s Attorney’s Office reviewed the case and approved the six charges against Mojarro-Garcia.

The man appeared in front of Lake County Judge Michael Betar for his first appearance hearing Sunday morning.

Lake County Assistant State’s Attorney Dino Katris said during the hearing that Mojarro-Garcia smashed Lucky Penny’s front glass door with a fire extinguisher, the surveillance video showed.

Mojarro-Garcia then allegedly stole their cash register and fled.

Mojarro-Garcia had an ankle monitor on because he was on probation after pleading guilty to two separate burglaries in Waukegan in May 2024.

Court records show that Mojarro-Garcia has had a slew of other misdemeanor, traffic and DUI cases in Lake County in the past.

All six offenses that Mojarro-Garcia was charged with are non-detainable under Illinois’ SAFE-T Act.

The man was released with the same conditions that were already in effect pending trial.

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Betar also ordered the man to not have contact with the alleged burglarized businesses and to be under a 24-hour curfew, including electronic home monitoring (EHM).

Katris said that prosecutors will file a petition to revoke Mojarro-Garcia’s pretrial release.

A status of preliminary hearing is scheduled for December 5.