Despite being charged with eight felony sex counts — and facing dozens of years in prison if convicted — a Yorkville man walked in and out of two courthouses recently and, as of Friday, still wasn’t in custody.
Reginald B. Terry, 22, made a pre-trial appearance Thursday in La Salle County Circuit Court, where he is charged with two counts of aggravated criminal sexual abuse (3 to 7 years in prison) for allegedly having sexual relations with two teenaged girls. Bond was previously set at $35,000 and he posted.
During his Thursday appearance, a La Salle County prosecutor advised Judge Cynthia M. Raccuglia that Terry has since been charged with six counts of criminal sexual assault (4 to 15 years) for allegedly raping a woman at a party in Elburn.
“Why isn’t he in custody?” the judge asked.
Answer: A Kane County judge released him on his own recognizance.
Despite the fact Terry’s six counts carry back-to-back prison sentences – he would have to serve 85% of any time he draws if convicted — Kane County Associate Judge Divya Sarang set Terry’s bail at $50,000 at a March 19 hearing and then released him on his own recognizance.
Two weeks later, the Kane County State’s Attorney’s Office filed a motion to increase Terry’s bond. In the motion, prosecutors said they relied on a LEADS — Law Enforcement Agency Data System — report containing Terry’s criminal history and that the report “was incomplete and did not contain (Terry’s) current pending case out of La Salle County.”
“The defendant is a danger to the community and as such his bond should be increased,” wrote Matthew Rodgers, an assistant to Kane County State’s Attorney Jamie Mosser.
“Our office has been in communication with the La Salle County State’s Attorney’s Office about these cases,” Christopher Nelson, Chief of Staff and Communications for the Kane County State’s Attorney’s Office, replied to a Friday email seeking additional information.
Despite the motion to increase his bond, filed April 5, Terry was not in custody Friday, according to Kane County records.
Terry isn’t in La Salle County Jail, either, though prosecutors in Ottawa tried to put him there.
At Thursday’s hearing, Assistant La Salle County State’s Attorney Jeremiah Adams filed a motion to increase his bond to $250,000, citing the Kane County charges and the elevated risk to the public.
Raccuglia denied the motion.
The judge took issue with the terms of release — “I’m a bit disgusted,” she said — but she said it was outside her jurisdiction. Terry promptly left the courtroom with a May 12 court date in Ottawa.
Source: The Daily Chronicle