A judge released a 19-year-old man from custody after prosecutors say his parents found him in possession of a loaded AR-15 rifle in Round Lake Beach.
Domingo Rios-Ayala, 19, of Round Lake Beach, was charged with possession of a firearm without a Firearm Owner’s Identification card and unlawful possession of a firearm.
The Round Lake Beach Police Department responded on September 8 to a domestic incident at Rios-Ayala’s family’s home.
Rios-Ayala engaged in a verbal argument with his parents over his alcohol use, according to Lake County Assistant State’s Attorney Michael Theis.
Rios-Ayala left the residence before police arrived. Officers took a report and left the scene.
Theis said the man’s parents called police again to report they found a toy gun in Rios-Ayala’s closet.
Officers returned and found the gun was not a toy but a real AR-15 rifle, which was loaded with a round in the chamber, Theis said.
The parents reported they never knew Rios-Ayala had the gun, Theis said. Rios-Ayala is not legally allowed to possess the gun.
At the time, Rios-Ayala was on pre-trial release for two separate cases — a retail theft in Round Lake Beach and an aggravated fleeing to elude police in Round Lake Beach.
An arrest warrant was issued in the gun case on September 18 and Rios-Ayala surrendered on the warrant on October 17.
The Lake County State’s Attorney’s Office filed a petition to detain Rios-Ayala as well as petitions to revoke his pre-trial release in the other cases.
Attorney Elliot Pinsel, who is representing Rios-Ayala, said during a detention hearing that Rios-Ayala’s mother was willing to supervise him 24/7 and allow him to live with her.
Lake County Judge Michael Nerheim denied all three petitions following a detention hearing and released Rios-Ayala from custody pending trial.
The judge said prosecutors met their burden to show Rios-Ayala committed the offense and that the offense poses a risk to the community.
Nerheim said that he was releasing Rios-Ayala in part because of his mother’s testimony in court and because Rios-Ayala self-surrendered on the warrant.
Rios-Ayala was placed on Level 4 pre-trial monitoring with a curfew and GPS monitoring. He was ordered not to possess weapons and not consume alcohol or drugs.
Jail records show Rios-Ayala was taken back into custody on Monday morning for a new case where he was charged with criminal damage to property.
He appeared in court Monday morning for a First Appearance Court hearing and is scheduled to appear in detention court on Tuesday afternoon.