Two off-duty FBI agents intervened to help an off-duty police officer who was working security when he was attacked by a suspect who had accosted a female customer at the Walmart in Waukegan.
Esteban Martinez-Cruz, 18, of North Chicago, was charged with aggravated battery of a peace officer, two counts of battery and resisting a peace officer.
Lake County Assistant State’s Attorney Sue Price Cohen said a Randall, Wisconsin, police officer was off-duty and working security at Walmart, 3900 Fountain Square Place in Waukegan, on April 21.
He was wearing a blue shirt that had “security” written on it and was wearing a police badge and had a service weapon.
An employee of the store informed the security officer that a female customer reported that Martinez-Cruz had his hand in his pants and was waving at her to follow him, Price Cohen said.
Martinez-Cruz was told to leave by the employee but got aggressive in the employee’s face and allegedly pushed him.
The two began wrestling on the ground and the security guard intervened and tried to control Martinez-Cruz, Price Cohen said.
Martinez-Cruz wrestled with the security guard as he tried to handcuff him.
Price Cohen said Martinez-Cruz escaped and then slammed the victim to the ground, injuring his ribs.
Two off-duty FBI agents, who were customers of the store, intervened and helped detain Martinez-Cruz, who was highly intoxicated, Price Cohen said.
The Lake County State’s Attorney’s Office did not file a petition to detain Martinez-Cruz because the offenses are non-detainable under the Illinois SAFE-T Act.
Lake County Judge Randi Bruno released Martinez-Cruz, saying she had no authority to hold him despite the allegations. “I have to release you on conditions,” the judge said.
Martinez-Cruz was placed on Level 3 pre-trial supervision and ordered to undergo random drug and alcohol screenings. He was additionally ordered not to possess any weapons.
He was also ordered to have no contact with any of the people involved in the incident and not go to the Walmart in Waukegan.
Martinez-Cruz, who is reportedly a senior in high school, is scheduled to appear in court again on June 4 for a status of preliminary hearing.