Jail, 9mm, and a 2 a.m. shot: The facts in a Cary shooting case

For residents in the 1200 block of Sagebrush Trail, the night of September 20 began with a loud report that shattered the quiet of the residential area. Around 2 a.m., Timothy J. Kwiatkowski, 58, allegedly discharged a 9mm semi-automatic handgun once into the air outside his residence. The Cary Fire Protection District responded to the scene and staged nearby while police secured the area. No injuries were reported, though officials did not specify how they were first alerted to the gunfire.

Kwiatkowski, who lived at the scene, was heavily intoxicated at the time, according to a criminal complaint filed in McHenry County Circuit Court. The complaint described his actions as reckless, stating he endangered his own bodily safety and that of anyone nearby by firing the weapon in a residential district. He was charged with one count of reckless discharge of a firearm, a Class 4 felony. A judge issued an arrest warrant for him, and the case was impounded until the warrant was served. Kwiatkowski was arrested earlier this month and booked into the McHenry County Jail.

The legal dispute centered on whether Kwiatkowski should be held in jail before trial. McHenry County Assistant State’s Attorney Henry Sugden filed a petition to detain him, arguing that his release posed a real and present threat to the community based on the specific facts of the case. Sugden contended that no combination of pretrial conditions could mitigate that risk.

McHenry County Judge Cynthia Lamb denied the petition after an Initial Appearance Court hearing. She found no cause to detain Kwiatkowski and released him with strict conditions. Among them, he was ordered to surrender all firearms to the McHenry County Sheriff’s Office or the Cary Police Department within 24 hours. He must also file a letter from the Illinois State Police confirming the revocation of his Firearm Owner’s Identification card. The court barred him from consuming alcohol, illegal substances, or unprescribed drugs.

Kwiatkowski is required to wear a SCRAM alcohol monitoring device on his ankle, which tests sweat for alcohol. The court will review this requirement in 60 days. He is under the supervision of the Office of Statewide Pretrial Services, whose officers can enter his home at any time to verify compliance. He must also continue following treatment recommendations and appointments with his mental health providers.

If convicted, Kwiatkowski faces a prison sentence of one to three years, though a judge may impose up to 30 months of probation. He is represented by the Nold & Walsh law firm and is scheduled to appear in court on December 1 for a preliminary hearing.