The McHenry County state’s attorney says “absurdity” continued on the second day of the end of cash bail after a 20-time arrestee as well as a man accused of pulling a gun on a Metra conductor were both released.
McHenry County State’s Attorney Patrick Kenneally again criticized the Pretrial Fairness Act of the SAFE-T Act, which officially went into effect Monday.
Kenneally said he is concerned after “non-detainable” defendants were again released back into the community following their arrests. “The absurdity continued on day #2 of the SAFE-T Act.”
Julian R. Acevedo, 19, of Woodstock, was arrested Monday and charged with aggravated assault with a deadly weapon and unlawful use of a blackjack knife, both misdemeanors.
Prosecutors said Acevedo pulled what appeared to be a black handgun on a Metra conductor.
The incident occurred while Acevedo was on a train in Crystal Lake that was inbound to Chicago.
The conductor had asked Acevedo to leave the train after a confrontation with other passengers, prosecutors said.
Acevedo fled the scene before police arrived but was arrested a short time later.
Police were unable to locate the gun that was involved but did find a switchblade in Acevedo’s possession, prosecutors said.
The two misdemeanor charges filed against Acevedo are both non-detainable offenses, meaning he is required to be released from custody.
Kenneally said a second defendant was also released Tuesday after he was charged with possession of a controlled substance, a Class 4 felony which is a non-detainable offense.
That defendant was arrested by police after they found him outside a gas station banging his head against the wall in possession of a small amount of fentanyl.
Prosecutors say the man has been arrested 20 times, which include six times for felony offenses and three times for drug-related charges.
He was sentenced to 10 years in the Illinois Department of Corrections in 2015 for residential burglary.
“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 more defendants, which, based on the allegations and/or 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.