WOODSTOCK – A McHenry County judge revoked the bond for a Woodstock man charged in 2014 with various sex crimes after authorities said he took a girl from her home and sexually assaulted her, temporarily delaying his deportation.
Ericsson J. Gumesindo, 20, faces charges of aggravated criminal sexual assault, criminal sexual assault, residential burglary, aggravated criminal sexual abuse, aggravated kidnapping, kidnapping and possessing a stolen motor vehicle. Because police say the assault occurred while he was in possession of a stolen motor vehicle, Gumesindo faces a six-year minimum prison sentence.
Gumesindo was a senior at Woodstock High School when he was charged.
Woodstock police were called July 29, 2014, to the home of a 13-year-old who was reported missing. Police were taking a kidnapping report when Gumesindo drove up in a vehicle, which had been reported stolen, to drop off the heavily intoxicated girl, Assistant State's Attorney Dave Johnston previously said in court.
Two days earlier, Gumesindo's friend let him drive a vehicle belonging to her father and he went into Wal-Mart to secretly make a copy of the ignition key, Johnston said.
Late on July 28, Gumesindo was hanging out and drinking alcohol with the 13-year-old's older sister and another group of teenagers at her house. They were kicked out by the girls' father and the younger girl was put to bed but the older sister left with the group of boys, he said. The 13-year-old was so intoxicated, Johnston said, that her father found her passed out in the lawn covered in vomit.
As they were driving around town, Gumesindo is believed to have dropped off the group – including the older sister – on the side of the road and went back to the 13-year-old's house, where he broke a window, cut a screen and took the girl from the home, Johnston said.
Authorities believe the sexual assault happened at a nearby park when she was drifting in and out of consciousness, he said.
His bond was first set at $500,000 but former Judge Gordon Graham lowered his bond in August 2014 to $115,000, and he posted the 10 percent needed to be released from custody.
While out of custody earlier this year, Gumesindo was picked up by Immigration and Customs Enforcement officials. Prosecutors filed a motion urging Judge Michael Feetterer to revoke Gumesindo's bond before he was deported and brought back to Mexico before his June 19 trial.
Immigration officials issued an order at the end of April to start the deportation process, meaning they had 90 days to do so. Johnston said after talking with officials his office believed they planned to deport him as soon as possible unless he was in custody somewhere else.
Johnston said Gumesindo was brought to the United States as a child and at one time had Deferred Action for Childhood Arrivals status. DACA allows certain undocumented immigrants who entered the country as minors to receive a renewable two-year period of deferred action from deportation and eligibility work permit.
He said Gumesindo indicated at an immigration hearing that he did not intend to seek asylum nor did he plan to renew his DACA status at this time. Johnston said the only way Gumesindo would stay in the United States was if his bond was revoked until after his trial.
"His legal status caught up to him while a criminal case was pending," Johnston said.
He said Feetterer should have discretion to revoke his bond because he faces deportation. Deportation status is one of the many factors considered when determining a bond amount, according to state law.
Assistant State's Attorney Randi Freese said she and Johnston fought to keep Gumesindo in McHenry County Jail custody instead of being deported so he could stand trial because "the victim deserves her day in court" and they wanted to ensure that she had the opportunity.
Gumesindo's attorney, Francisco J. Botto, argued that the judge did not have a reason to revoke his bond because he didn't do anything to violate the terms of his bond.
Feetterer said while there was no indication of any deportation proceedings when Gumesindo's bond was first set, a person's legal status is a factor to consider when setting or revoking bond.
"A lot of people's lives are going to be dramatically impacted for the worse if Mr. Gumesindo is deported and no trial takes place," Feetterer said.
He also said had a hard time understanding why federal officials don't work together to avoid these types of situations.
Gumesindo will next appear in court May 16.