The Third District Appellate Court of Illinois has affirmed the 101-year sentence of Justin Dalcollo for the abduction, sexual assault and armed robbery of a female college student in March 2019.
In his petition seeking a new sentencing hearing, Dalcollo claimed the trial court abused its discretion in sentencing and improperly imposed consecutive sentences, according to a DuPage County Stateβs Attorneyβs Office news release.
About 3:30 p.m. March 22, 2019, the victim, who was home from college on spring break, was getting into her car in the parking lot at Bloomingdale Court Mall when Dalcollo approached her and forced his way into her car at gunpoint, according to the release.
He ordered the woman to drive to a bank in Glendale Heights and forced her to withdraw $300 from her debit card for him. He then forced her to drive to numerous locations in Hanover Park and Bartlett, ultimately parking the car in a parking garage at the Grand Victoria Casino in Elgin where Dalcollo sexually assaulted her.
After the sexual assault, Dalcollo ordered the victim to drive to a convenience store in Elgin and accompany him as he went inside. He ordered the woman to call a cab for him from her cellphone and drive him to the Elgin train station, where the cab picked him up. The victim then went to a hospital where she reported the sexual assault. Dalcollo was arrested the following day in Chicago, according to the release.
On Dec. 13, 2021, after a five-day-long trial, a jury found Dalcollo guilty of six counts of aggravated criminal sexual assault, one count of armed robbery, one count of aggravated kidnapping and two counts of unlawful use of a weapon by a felon.
On May 2, 2022, Dalcollo was sentenced to two consecutive 40-year sentences for two counts of the aggravated criminal sexual assault charges and a consecutive 21-year sentence for aggravated kidnapping. The sentences on the remaining charges ran concurrently for a total aggregate sentence of 101 years.
At his sentencing hearing, the court noted Dalcolloβs lengthy criminal history with βback-to-back convictions for domestic batteryβ as well as the fact that Dalcollo was on parole for an unlawful sexual conduct with a minor conviction out of Ohio when he removed his ankle monitor, fled and committed this offense, according to the release.
The court also found that a significant sentence was necessary to reassure the public that βthe defendant cannot commit incomprehensible criminal acts on any other citizen,β concluding that Dalcolloβs actions have βforfeited him from ever reentering society.β
The Appellate Court disagreed with Dalcolloβs assertions that the trial court abused its discretion at sentencing and failed to βtake into account any potential for rehabilitation.β The Appellate Court noted the trial court took into consideration Dalcolloβs βdifficult childhood as a victim of abuse and mental illnessβ but concluded that this evidence βdid not significantly deprecate the seriousness of the offense or warrant the imposition of a lesser sentence.β
The Appellate Court concluded that βin light of the nature of defendantβs 10 convictions and the trial courtβs finding that his actions were βdeplorableβ and βreprehensibleβ and defendant was βincapable of rehabilitationβ the court did not abuse its discretion when sentencing defendant.β