Tik Tok video distracts driver, car gets stuck on train tracks in Batavia

ST. CHARLES TOWNSHIP – An Aurora man was charged with six gun-related felonies after he drove up on train tracks in Batavia and got stuck, according to Kane County Sheriff’s reports and court records.

The driver, Ler M. Htoo, 32, of the 1900 block of Birch Lane, Aurora, told deputies he drove up on the tracks and got stuck while watching a Tik Tok video, and that the loaded rifle in the car was for duck hunting, according to reports.

Htoo was charged April 9 with two counts of aggravated unlawful use of a weapon, two counts of unlawful use or possession of weapons or ammunition, one count of possession of a firearm while a FOID card is expired, one count of possession of a firearm and one count of possession of a firearm in a vehicle and a misdemeanor charge of driving while his license was revoked, according to court records.

Sheriff’s deputies were called to assist in removing a vehicle stuck on the tracks in the area of South River Street and Shagbark Drive in Batavia shortly before 10 p.m., the sheriff’s report stated.

Deputies found Htoo’s silver 2005 Honda Accord near the tracks at the entrance of Fox Valley Park District Lippold Park, 2001 S. River St., Batavia, with two flat tires and a damaged front bumper, the report stated.

Several people were standing around the vehicle, and deputies were approached by a man who appeared to be someone who helped move the car off the tracks, the report stated.

Deputies found a loaded Savage Mark II .22 scoped rifle lying parallel on the panel between the front passenger and door, the report stated.

“Htoo later advised the firearm belonged to his father and they had brought the rifle to Lippold Park to go hunting,” the report stated. “It should be noted there were other park goers at the park when we arrived.”

Htoo said they were planning on hunting ducks at the park, according to the report.

Htoo told deputies he knew it was illegal to travel with a loaded gun in the car, as well as illegal to hunt ducks in the park, the report stated.

Deputies removed 17 .22 caliber bullets for the rifle from Htoo’s front right pants pocket, the report stated.

As to why there were empty shell casings in the Honda, Htoo said they may have been from a previous hunting occasion, the report stated.

Regarding the accident, Htoo told deputies he was driving out of the park and looked at his phone while the front seat passenger (his wife) showed him a video on Tik Tok, the report stated.

“Htoo essentially advised this caused him to not pay attention and (he) struck the railroad tracks,” the report stated.

Htoo said he took the rifle from his father’s residence in Aurora without permission, the report stated. After speaking with Htoo’s father, he did not want to pursue theft charges against his son, the report stated.

Htoo was released on a $7,500 personal recognizance bond and ordered not to possess a firearm or dangerous weapons.

The most serious charges Htoo faces are the two aggravated unlawful use of a weapon, Class 2 felonies punishable by four to seven years in prison and fines up to $25,000 or up to 48 months of probation, if convicted.

Htoo’s public defender did not return a voicemail message seeking comment.