A judge released a suspect and ordered a second man detained after the two were accused of trafficking over two kilograms of cocaine, worth $225,000, through Lake County.
The Lake County Sheriff’s Office Special Investigations Group (SIG) said they received a tip that David Hernandez, 29, of Chicago, and Yastin S. Zaragoza-Barragan, 27, of Chicago, were trafficking drugs through Lake County.
Lake County Sheriff’s Office Deputy Chief Christopher Covelli said SIG detectives and Federal Bureau of Investigation (FBI) – Chicago Field Division agents developed information that both were in possession of cocaine traveling through the county on April 4.
Members of SIG and the FBI observed the two traveling in a vehicle in the area of Interstate 94 and Route 60 near Lake Forest in the afternoon on April 4.
A traffic stop was conducted on their vehicle for a traffic violation, Covelli said.
A Lake County Sheriff’s Office canine team responded and the canine sniffed around the vehicle before indicating there were drugs inside the car.
Investigators searched and found two wrapped packages, each containing approximately a kilogram of cocaine, inside the vehicle.
Over 2.2 kilograms of cocaine, worth approximately $225,000, were seized, Covelli said. Detectives also found a loaded pistol in the vehicle.
Prosecutors said Zaragoza-Barragan, who was the driver, possessed the loaded gun, which was located in the driver’s side of the door.
The gun was a Kimber America and the drugs were found in a Kimber America bag. Hernandez admitted to knowing the cocaine was in the back seat, prosecutors said.
Hernandez and Zaragoza-Barragan were both arrested.
“As a federally designated HIDTA Task Force, our Special Investigations Group has the unique ability to collaborate seamlessly with federal partners like the FBI to dismantle drug trafficking operations,” Lake County Sheriff John Idleburg said.
“This designation brings critical resources and coordination that help us intercept dangerous narcotics before they reach our neighborhoods. I’m incredibly proud of the teamwork that led to this arrest and grateful for the strong partnerships that help us protect the people of Lake County,” Idleburg said.
Zaragoza-Barragan was charged with armed violence, unlawful possession of a controlled substance with intent to deliver, unlawful possession of a controlled substance and aggravated unlawful possession of a firearm.
Hernandez was charged with unlawful possession of a controlled substance with intent to deliver and unlawful possession of a controlled substance.
“The FBI is unwavering in our commitment to investigate and hold accountable those who threaten the public’s well-being and safety,” said Douglas S. DePodesta, Special Agent in Charge of the Chicago Division of the FBI.
“We extend our appreciation to the Lake County Sheriff’s Office for their tremendous work and partnership disrupting those who seek to distribute dangerous substances in our community,” DePodesta said.
Both Zaragoza-Barragan and Hernandez were initially ordered detained in the Lake County Jail following detention hearings.
Attorney Robert T. Ritacca, who represents Hernandez, filed a motion for relief asking Lake County Judge Michael Nerheim to reverse the decision.
A hearing was held last Wednesday and Ritacca said that his client was taking a ride with his friend.
“They’re indicating Mr. Hernandez’s culpability and that presumption is great that he committed this offense just by taking a ride with his friend up 94,” Ritacca said, adding that he does not believe prosecutors could meet any presumption of actual constructive possession of the drugs.
“What he admitted to is that he knew he was taking a ride. He never admitted he had knowledge of that amount of cocaine,” Ritacca said while arguing that there were conditions of release available to impose.
Lake County Assistant State’s Attorney Dino Katris argued against releasing Hernandez and said that the court had already made a fair ruling ordering him detained. Katris also argued that Hernandez was constructively in possession of the drugs.
Nerheim granted the motion for relief following the hearing and allowed Hernandez to be released from custody pending trial.
The judge said he had read more details about Hernandez and the drug bust in the newspaper than what prosecutors provided in court.
He said that the state’s attorney’s office could file a new petition to detain if they had additional information regarding Hernandez’s part in the bust.
Nerheim placed Hernandez on Level 4 pre-trial services monitoring, a 24-hour curfew with electronic home monitoring, ordered him not to have contact with his co-defendant, not consume illegal drugs or alcohol and be subject to random testing.
Attorney John Radosevich, who is representing Zaragoza-Barragan, also filed a motion for relief seeking to have him released from custody.
Radosevich said Zaragoza-Barragan does not have a criminal history and he was a FOID cardholder.
Nerheim denied the motion following a hearing on Wednesday afternoon.
The judge said that the large quantity of cocaine, combined with Zaragoza-Barragan allegedly also in possession of a firearm, shows he poses a danger to the community and that no conditions of release could mitigate the threat.
Zaragoza-Barragan and Hernandez are both scheduled to appear in court again on May 8 for an arraignment hearing.