Would be carjacker who got beaten with his own gun gets 4-year prison sentence

Richard Rubio (Cook County Sheriff’s Office)

CHICAGO — The would-be carjacker who got disarmed and then beaten with his own gun has enjoyed much better luck in the courtroom. Richard Rubio, 32, received a four-year sentence after pleading guilty to attempted robbery in connection with the botched November 22 hijacking. After receiving various credits, he won’t spend any time in prison.

The botched carjacking occurred at 56th and Kolin Avenue, just east of Midway Airport, on November 26, 2022.

Moments after a man parked near the intersection, Rubio, wearing a ski mask, allegedly walked up to the front passenger door, pointed a gun at the woman sitting in the passenger seat, and ordered her out. The woman complied, and Rubio walked to the driver’s door as the man got out from behind the wheel, prosecutors said.

He demanded the victim’s wallet, but the man said he didn’t have one and asked if he could simply get his phone out of the car before Rubio took it. Rubio refused and said he would be taking the phone with him.

He was wrong about that. Very, very wrong.

As Rubio prepared to enter the victim’s car, the man lunged at him and grabbed his gun, sending both men to the ground. Prosecutors said the victim applied a chokehold to Rubio and punched him over and over and over again until he finally let go of the gun.

Then, the victim took control of the weapon and used it to beat Rubio while the female victim called 911, prosecutors said. When Chicago police officers arrived, the victim let go of Rubio so he could be taken into custody. The cops allegedly found a 9-millimeter ghost gun nearby but never located its ammunition magazine.

This month, Rubio pleaded guilty to attempted robbery before Judge Diana Kenworthy, court records show. The judge sentenced him to four years, but Rubio earned 745 days of credit while the case was pending, primarily by wearing an ankle monitor at home. The balance of his sentence will be satisfied by the state’s automatic 50% sentence reduction for good behavior.

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