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Felon accused of Kohl’s theft had loaded 'machine gun' in car, prosecutors say

By
FOX 32 Chicago
Crime and Public Safety
Published August 19, 2026 4:19 PM CDT
Published August 19, 2026 4:19 PM CDT
article

Iziah Benavidez, 23, of Cook County (DuPage County)

The Brief

    • Iziah Benavidez was allegedly found in possession of a loaded gun that had been altered to fire in fully automatic mode.
    • Elmhurst police stopped Benavidez at a traffic stop and then spotted the firearms in his car.
    • Benavidez was charged Tuesday and denied a pre-trial release.

COOK COUNTY, Ill. - A Cook County man is facing felony charges after allegedly stealing from a Kohl’s earlier this month in west suburban Elmhurst.

Iziah Benavidez, 23, of Cook County was charged Tuesday with unlawful possession of a weapon, burglary, unlawful possession of a weapon by a felon and two counts of retail theft. He was denied pre-trial release on Wednesday.

Kohl's shoplifting leads to seizure of guns

Timeline:

A Kohl's loss prevention team reported a retail theft on Aug. 9 at a store in Elmhurst, according to the DuPage County State's Attorney's Office. Benavidez and another man allegedly stole backpacks from the store and began hiding additional merchandise inside of it before leaving the store without paying. 

The two men then entered their car and fled the scene.

On Monday, Elmhurst police pulled over the suspected vehicle for a traffic stop. Officers said they received information that Benavidez had allegedly stolen a battery charger from the Elmhurst Kohl's earlier that same day. Police say that they spotted the battery charge in the backseat of the vehicle. 

Officers say that they then asked Benavidez to exit the vehicle and began to search it. While searching the vehicle, officers state that they located a loaded 10mm Glock 29 with a 24-round capacity magazine and a switch that could enable the gun to be fired in automatic mode. They also note that they discovered a 9mm pistol in the glove compartment that had previously been reported as stolen by the Chicago Police Department in January.

What they're saying:

"Public safety has always been and remains the top priority of my office," DuPage County State's Attorney Robert Berline said in a statement. "As a convicted felon, Mr. Benavidez has forfeited his right to legally possess a firearm. The allegation that he unlawfully possessed an extremely dangerous, loaded gun with a twenty-four-round magazine capable of firing as a machine gun, is alarming."

What's next:

Benavidez’s next court appearance is scheduled for Sept. 14.

The Source: Information for this report comes from a press release by DuPage County State's Attorney Robert Berlin's office. This report was done from Eden Prairie, Minnesota. 

Crime and Public SafetyElmhurstDuPage CountyNews