Agents arrest Jose Luis Mendoza-Gonzalez, 52, a Mexican national living in Waukegan, at a market in Chicago in July after he was released from custody in April when he was charged with concealing the body of Megan Bos, 37, of Antioch, in a trash can. | Provided Photos

ICE is expected to transport a Mexican national to Lake County after prosecutors upgraded charges for dumping the body of missing Antioch woman Megan Bos in Waukegan and said her death was by “homicidal means.”

A case management conference was held in the case against Jose Luis Mendoza-Gonzalez, 52, of Waukegan, on Wednesday morning before Lake County Judge Victoria Rossetti.

Mendoza-Gonzalez was not present and is currently in the custody of Immigration and Customs Enforcement (ICE), Lake County Assistant State’s Attorney Jeffrey Facklam said during the hearing.

Facklam requested that the judge set the case over to Thursday afternoon for a detention hearing, which she agreed to.

The prosecutor said he has spoken to ICE and they are willing to transport Mendoza-Gonzalez to Lake County for the detention hearing.

The Department of Homeland Security (DHS) said agents arrested Mendoza-Gonzalez, who is in the country illegally from Mexico, in July at a market in Chicago, leading to him being held in ICE custody.

The Lake County State’s Attorney’s Office has been working to have Mendoza-Gonzalez held locally as they believe a criminal trial and sentencing is “more appropriate than deportation procedures.”

Mendoza-Gonzalez is charged with several felonies, which can result in potential consecutive prison sentences upon a conviction.

“As people know, deportation to another country does not lead to prison in that country. If he were to agree to deportation, he could be free in days. We are hopeful that he will be brought to court so that [he] can be held fully accountable for his actions,” the state’s attorney’s office previously said.

When Mendoza-Gonzalez was initially charged, he was released from Lake County custody following a First Appearance Court hearing on April 12, which a judge was required to do because of state law under the SAFE-T Act.

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All of the initial charges against Mendoza-Gonzalez were Class 4 felonies but none of them were detainable offenses under the cashless bail law, so prosecutors could not file a petition to have him held pending trial.

A grand jury recently returned an indictment in Lake County Circuit Court charging Luis Mendoza-Gonzalez with one count of concealment of a homicidal death, according to documents obtained Friday by Lake and McHenry County Scanner.

Mendoza-Gonzalez also faces previously filed charges of abuse of a corpse, two counts of concealing the death of a person and obstructing justice.

A large police investigation was conducted into the death of Megan Bos, 37, of Antioch, (inset right) as officers blocked off a house in the 700 block of Yeoman Street in Waukegan with crime scene tape on April 10. Bos had been missing for nearly two months before being found. Jose Mendoza-Gonzalez, 52, of Waukegan, (inset left) was arrested in connection with her death. | Background Photo: Marco Montoya; Insets: Provided

A grand jury indictment said Mendoza-Gonzalez knowingly concealed the death of Megan Bos, 37, of Antioch, while having knowledge that she had died by homicidal means, when he placed her body in a garbage can and covered the can on or about February 19, 2025.

Megan Bos was reported missing to the Antioch Police Department on March 9 after she was last heard from on February 17.

Her body was discovered bleached, decomposed, wrapped in a blanket and in a trash can at a home in the 700 block of Yeoman Street in Waukegan on April 10.

Mendoza-Gonzalez told detectives at the time of his April arrest that Bos had come over to his residence on the evening of February 19 and visited with him.

He said that Bos snorted unknown drugs and asked if she could hang out in his basement, which he agreed to let her do.

Mendoza-Gonzalez said he returned and believed the woman had overdosed and was deceased.

He reported that he was scared that he was going to be in trouble so he left her in the basement for a few days before moving her to the garbage can in his yard.

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Mendoza-Gonzalez allegedly wrapped Bos’ body, which was bleached, in a blanket before placing it in the garbage can.

Police investigate after the partially decomposed body of Antioch resident Megan Bos was discovered in a garbage can in the rear of a home in the 700 block of Yeoman Street in Waukegan on April 10 after the woman had been missing for nearly two months. A 52-year-old man was charged in connection with her death. | Photo: Marco Montoya

She remained there for nearly two months until being located on April 10.

Mendoza-Gonzalez also admitted to breaking Bos’ phone and throwing it into a trash can.

An autopsy on Bos performed by the coroner’s office showed no signs of trauma or a struggle.

Lake County Chief Deputy Coroner Steve Newton told Lake and McHenry County Scanner on Friday that her cause and manner of death remain undetermined, despite the state’s attorney’s office declaration of it being a homicidal death.

Lake County Assistant State’s Attorney Jeffrey Facklam said last week that the autopsy report from the coroner’s office indicated Bos had a potentially lethal amount of controlled substances in her liver tissue at the time of her death.

The report indicated recent and potentially deadly fentanyl, cocaine and probable heroin use.

A forensic pathologist could not fully rule out a strangulation death due to the decomposition of her body.

Police investigate after the partially decomposed body of Antioch resident Megan Bos was discovered in a garbage can in the rear of a home in the 700 block of Yeoman Street in Waukegan on April 10 after the woman had been missing for nearly two months. A 52-year-old man was charged in connection with her death. | Photo: Marco Montoya

“Regardless of the undetermined finding of the cause of death, charges of concealment of a homicidal death are now appropriate. The fact that the coroner labeled Megan’s death as undetermined does not preclude a charge of concealment of a homicidal death,” Facklam said.

“The autopsy report detailing the toxicology results must be read in conjunction with other facts of the case, including defendant’s statements that he observed Megan consume drugs and shortly thereafter, she died, as well as his statement that she was already dead when he placed her in the garbage bin,” the prosecutor said.

The newest charge against Mendoza-Gonzalez is a detainable offense based on willful flight and prosecutors have filed a petition to detain Mendoza-Gonzalez in the Lake County Jail once he is processed on the new charge, court records show.

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While Mendoza-Gonzalez is set to be brought to Lake County on Thursday, it is unclear what might happen to him if the Lake County judge grants the petition to detain him.

It is possible ICE could still keep him in their custody or he could be transferred to the Lake County Jail and held during the pendency of his case.

The release of Mendoza-Gonzalez in April prompted local leaders to be outraged at the matter.

Antioch Mayor Scott Gartner spoke out and called for immediate reforms to the Illinois SAFE-T Act to restore judicial discretion and refocus Illinois’ criminal justice system on “public safety and human decency.”

Illinois State Representative Tom Weber (R-Fox Lake) spoke in May and called for reforms to the Illinois SAFE-T Act after a suspect was charged and released pending trial in connection with concealing the death of Megan Bos (inset), whose body was found in a garbage can in Waukegan on April 10 after she was reported missing from Antioch in March. | Provided Photos

“We have lost all common sense when it comes to enforcing law and order,” Gartner said.

“When the SAFE-T Act was being debated, there were voices sounding the alarm about what could happen if it were to become law,” Gartner said.

Prosecutors said that while Mendoza-Gonzalez was on pre-trial release, he violated his 24-hour curfew by traveling to Chicago before being arrested by ICE.

Mendoza-Gonzalez appeared in front of an immigration judge in September and indicated his desire to voluntarily be deported from the United States back to Mexico, which prosecutors worry will allow him not to face the pending criminal charges.

Mendoza-Gonzalez is being held by ICE at the Clay County, Indiana Justice Center.

Judge Rossetti issued a failure to appear arrest warrant for Mendoza-Gonzalez last week, court records show. A jury trial is currently set for January 26.