A man has been released pending trial after he was accused of speeding through a scene, nearly hitting a deputy, while the sheriff investigated a fatal pedestrian hit-and-run near Island Lake.
Andrew M. Franklin, 64, of Wood Dale, was charged with aggravated assault of a peace officer, a Class 4 felony, and obstructing a peace officer, a Class A misdemeanor.
A criminal complaint filed in McHenry County Circuit Court said Franklin drove a red 1983 Mercedes Benz directly at a McHenry County sheriff’s deputy around 11:09 p.m. on September 27.
The deputy ordered Franklin to stop the Mercedes but the man failed to comply, the complaint said.
Franklin disregarded the deputy’s commands and increased his vehicle’s speed while continuing to drive through the scene of a fatal crash, the complaint said.
The deputy had to step out of the path of the vehicle to avoid being struck by the Mercedes.
The complaint said Franklin ultimately fled from the deputy. Franklin was charged on December 19 and an arrest warrant was issued.
Records show Franklin was taken into the custody of the McHenry County Jail on Sunday.
He appeared in court on Monday and was released by McHenry County Judge Carl Metz as the charges are not detainable.
The judge ordered Franklin to refrain from having “direct, intentional contact” with the sheriff’s deputy involved outside of the deputy’s official capacity as a law enforcement officer.
Court documents did not indicate where in McHenry County the fatal crash occurred but the only one to have occurred on the date and time provided was a pedestrian crash that occurred approximately 20 minutes prior in the 4300 block of Roberts Road in unincorporated Island Lake.
911 callers reported a male, later identified as Austin Stanek, 24, of Island Lake, had been struck by a vehicle that fled the scene.
Stanek was not conscious and not breathing and CPR was started on him, according to fire department radio traffic.
Paramedics arrived and confirmed Stanek was unresponsive.
He was transported by ambulance to Advocate Good Shepherd Hospital in Barrington.
The Lake County Coroner’s Office said Stanek was pronounced dead in the emergency room after arriving at the hospital.
The McHenry County Sheriff’s Office said at the time that a preliminary investigation showed several pedestrians were walking on or near the roadway when an unknown white vehicle struck Stanek.
The force of the impact caused the man to be thrown into the ditch and the vehicle continued driving.
The sheriff’s office said debris from the offending vehicle’s front and right side were located at the scene and collected as evidence.
The Island Lake Police Department and McHenry County Sheriff’s Office began searching for the hit-and-run vehicle.
Roberts Road was shut down for several hours while investigators worked at the scene.
The sheriff’s office announced on October 3 that investigators recovered a white SUV and identified a person of interest believed to be involved in the crash. The person of interest was not arrested or charged at the time.
A spokesperson for the sheriff’s office told Lake and McHenry County Scanner in an update on November 18 that the investigation continues and through the progression, the suspect had been identified.
“Charges are expected to be forthcoming,” the spokesperson said. As of Wednesday, no charges have been announced.
An obituary for Stanek, who was a 2018 Wauconda High School graduate, said he died just days before his October 4 birthday.
“Athletic to his core, he loved playing baseball and basketball as a kid and after high school, diving into sand volleyball and golf. He loved the competition, but more than that, he loved the people,” the obituary said.
Stanek had a “knack for bringing others together” and was described as having an “easygoing nature” that made everyone feel welcome. “… it was impossible to be around him without feeling his positive energy.”
Stanek worked for a home remodeling services company alongside his cousin. “Together, they were a successful team designing and remodeling homes,” the obituary said.
Stanek leaves behind his parents, brother, grandparents, a large extended family and a dog.
Franklin is scheduled to appear in court again on January 28 for a status of preliminary hearing.