Two men arrested for allegedly trying to lure children into a van were let go after a Chicago area judge released them under the impression that the recently posted no-bail SAFE-T Act prevented the men from being held.
The two men detained by police in Cicero were also charged with violating parole and probation, according to CWB Chicago.
The two suspects, Kenchi Edwards, 60, and Kraig McCauley, 55, allegedly tried to lure several 14-year-old children into their van with promises of “games” and the promise of meeting a “famous athlete.”
The children did not get in the van, and the police were called by a parent.
Two felons accused of luring children into a van where cops found condoms, lubricant and a mattress were NOT detained on the charges because prosecutors and a judge wrongly believed attempted child abduction was not detainable under the SAFE-T Act.https://t.co/yXRbg2S3Uh
— CWBChicago (@CWBChicago) April 4, 2024
The police soon detained the two men and reportedly found a mattress in the van along with a used crack pipe, “numerous condoms, lubricant and binoculars,” and several open bottles of alcohol.
Then men were arrested and charged with two counts of child luring by a person older than 21 and two counts of attempted child abduction. They are also in trouble over their parole and probation violations.
During their first hearing, though, Assistant State’s Attorney Sarah Dale-Schmidt mistakenly advised Judge Susana Ortiz that the offenses were not detainable.
The judge wanted to make special note of the situation.
“I want to note for the record that as to each of these defendants, child luring and attempted child abduction are not enumerated offenses on which the People can seek detention,” Ortiz said, according to court records. “I want to note that attempted animal cruelty is one where detention can be sought but not attempted child abduction, for whatever that’s worth, I want that to be reflected on the record.”
Ortiz then ordered both men to go on electronic ankle monitoring so they could be released. She did, however, bar the men from “free movement” days, which most people on ankle monitors are allowed to have so they can leave their home two times a week.
CWB Chicago asked several sponsors of the law if the SAFE-T Act should have allowed these men to be assigned ankle monitoring and release based on their offenses.
Democrat Rep. Kam Buckner insisted that attempted child abduction is a detainable offense and the two suspects should have been held on those charges.
“Child abduction and attempted child abduction are 100% detention eligible,” Buckner told CWB. “It’s both named in the statute, and even if it wasn’t, there’s a catch all that makes detention eligible for any felony that includes the threat or infliction of great bodily harm or disability or disfigurement.”
Democrat Sen. Elgie Sims, another SAFE-T Act sponsor, agreed that the court was wrong about the case.
“The allegations are more than disturbing—these allegations are exactly the type of circumstances that would allow a person to be detained under the Pretrial Fairness Act,” Sims said. “The statute is clear, attempted child abduction should lead to the detention of the accused.”
The Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act officially went into effect on September 18 of last year after being signed into law by Illinois Democrat Gov. J.B. Pritzker in February of 2021.
J.B. Pritzker, governor of Illinois, speaks during an interview in Chicago, Illinois, on Feb. 23, 2023. (Christopher Dilts/Bloomberg via Getty Images)
The law has earned criticism from both sides of the aisle. For instance, Will County state’s attorney Jim Glasgow, who is a Democrat, criticized the law last year, saying, “It will destroy the state of Illinois.”
Some of the results of its first day were not encouraging.
Patrick Kenneally, who helms the AG’s office in the county just to the north east of Chicago, says that at least two suspects he feels are a danger to the community were allowed to simply walk out of jail after their court date.
“The first day operating under the SAFE-T Act resulted in the absurd and incoherent results many predicted,” Kenneally said Monday, according to the Lake & McHenry County Scanner.
“Reports that on the very first day of no cash bail, a violent offender arrested for attacking four Chicago Police Officers, sending two of them to the hospital, was immediately released because the Cook County State’s Attorney’s Office didn’t even bother to file a motion to seek detaining the accused are problematic,” Illinois state Sen. John Curran told WFLD-TV.
“This highlights the misplaced priorities of Illinois’ criminal justice system when the prosecutor prioritizes the freedom of a violent offender over the safety of those police officers dedicated to protecting and serving our communities. Is there any wonder why police recruitment is at an all-time low in this state?” Curran asked.
Cases like this continue to occur all across the Land of Lincoln. And they will not be the last as this experiment in social justice rolls inevitably on in Illinois. And now it seems clear that the act is still highly problematic and putting Illinois citizens in danger.
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