WOODSTOCK – The former Prairie Grove police officer accused of crashing his patrol SUV into a pole while drunk on duty has been charged with official misconduct, a felony that would bar him from becoming a police officer again if he is convicted.
Oscar Baez, 52, of the 900 block of Medinah Street, Bensenville, was driving a 2011 Ford Expedition patrol vehicle west on Gracy Road about 10:30 p.m. Nov. 29 when he crossed Route 31 and struck a utility pole, according to the report filed by the McHenry County Sheriff's sergeant who responded to the crash.
Michael Combs, chief of the McHenry County State's Attorney's Office criminal division, said the decision was made to file the felony charge against Baez after reviewing the actions Baez took while acting in his capacity as a public official.
“He's not the first officer we have ever charged with official misconduct," Combs said. "It's unfortunate, but if you violate the law while in a uniform, we're going to charge you."
Official misconduct is a Class 3 felony. If convicted, Baez would be prevented from carrying a firearm, which would end his career as a police officer.
At the time of the crash, Baez told the sergeant he was going 20 mph and had tried to stop, but his brakes failed, the report shows. However, the sheriff's sergeant reported there were no skid marks to indicate braking and the damage to the utility pole, which was snapped at the base, indicated that Baez was driving faster than he admitted.
Baez was issued a notice to appear in McHenry County court for DUI and was issued a notice that his driver’s license would be suspended. He also was issued a citation for disregarding a stop sign.
A warrant for Baez's arrest on the official misconduct was issued after a Jan. 21 grand jury indictment that was unsealed this week.
James McCoy, who is representing Baez in both cases, said his client posted $10,000 bond Wednesday at the Bensenville Police Department. He offered no other comment on the charges facing his client.
Village President Stan Duda previously told the Northwest Herald that Baez had been employed as a part-time officer since April 2011. The village planned to fire Baez immediately after the incident Duda said, but Baez resigned first.
The village, about two weeks later, approved spending about $32,000 for a 2016 Ford Interceptor to replace the vehicle Baez crashed.
Baez is next due in court Wednesday for an arraignment on the official misconduct charges in front of McHenry County Judge Michael Feetterer.
He is next due in court Feb. 18 in front of McHenry County Judge Mark Gerhardt on the DUI charge, a Class A misdemeanor.