File Photo – McHenry County Courthouse | Photo: Google Street View

The McHenry County state’s attorney says the first day of the end of cash bail resulted in “absurd and incoherent” results, with a McHenry man accused of trying to force his way into a woman’s home being released.

McHenry County State’s Attorney Patrick Kenneally said two defendants who he believes are a danger to the community were released Monday.

“The first day operating under the SAFE-T Act resulted in the absurd and incoherent results many predicted,” Kenneally said.

The first defendant referenced was Thomas M. Purdy, 36, of McHenry, who was arrested and charged with criminal damage to property, violation of pretrial release, electronic harassment and resisting a peace officer.

Prosecutors said Purdy sent harassing text messages to his ex-girlfriend on September 7. She did not respond to them.

Purdy went to her house in McHenry over the weekend and began kicking her door in an effort to gain access, prosecutors said. Over $500 worth of damage was caused.

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Prosecutors said Purdy violated a previous court order to have no contact with his ex-girlfriend.

That order was issued by a judge after Purdy was arrested in June for violating an order of protection that she had obtained.

Prosecutors say Purdy was previously charged with fleeing and attempting to elude a peace officer in 2006 and convicted in 2015 of aggravated discharge of a firearm.

The gun charge resulted in a four-and-a-half-year prison sentence.

Kenneally said the new charges Purdy was arrested on are “non-detainable” under the Pretrial Fairness Act of the SAFE-T Act that went into effect on Monday.

The second defendant released Monday and referenced by Kenneally was Pedro Gomez-Cuevas, 23, of Lake in the Hills.

Gomez-Cuevas was arrested on Sunday and charged with two counts of felony aggravated driving under the influence, obstructing a peace officer, open alcohol by a driver, disregarding a stop sign, driving on a suspended license and driver’s license violation.

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A criminal complaint said Gomez-Cuevas disobeyed a stop sign at Margaret Terrace and Silver Lake Road in Cary around 7:45 p.m. Sunday.

The complaint said Gomez-Cuevas stopped “well past” the solid white line and nearly struck a police officer’s squad car, causing the officer to swerve to avoid a collision.

Gomez-Cuevas drove his Chevrolet Malibu onto westbound Three Oaks Road before being stopped by officers.

The complaint said Gomez-Cuevas has an expired and suspended instructional permit and no driver’s license.

Gomez-Cuevas had two open alcoholic beverage containers in his vehicle, the complaint said.

Gomez-Cuevas allegedly attempted to drive off from the traffic stop before being stopped again.

He was arrested and failed field sobriety testing, court documents show.

Gomez-Cuevas had his driving privileges suspended after he was charged in 2021 with driving under the influence, which he pleaded guilty to just two months before his latest arrest.

The man also pleaded guilty to failure to render aid after a vehicle crash in 2020.

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Kenneally said Gomez-Cuevas reported he works as a driver for a roofing company, despite not having a driver’s license.

The charges against Gomez-Cuevas in his latest arrest are non-detainable and he was released Monday.

“As has been said many times, the most glaring problem with the SAFE-T Act is that pretrial release decisions are being made based on the type of charge a defendant faces, not a defendant’s dangerousness or likelihood of complying with court orders,” Kenneally said.

“Here we have two defendants, which, based on the allegations and criminal histories, might allow a judge to reasonably conclude that they present a clear risk of disregarding the law and/or court orders if released. Tragically, under the SAFE-T Act, a judge is without power to detain defendants in these types of cases even if he believes the community is endangered,” Kenneally added.