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.
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.
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