DeKalb man charged with predatory criminal sexual assault to a child, attempt to record child in bathroom

SYCAMORE - A DeKalb man already convicted once of battering a child now faces separate charges of sexually assaulting one, and allegedly attempting to record the child in the bathroom on his cell phone, police say.

David L. Cardinal, 38, of the 400 block of College Avenue in DeKalb, is charged with predatory criminal sexual assault of a child, a Class X felony, and aggravated criminal sexual abuse, a Class 2 felony. If convicted of the most serious crime, predatory criminal sexual assault of a child, Cardinal could face up to 60 years in jail and fines up to $25,000.

Cardinal appeared before DeKalb County Circuit Court Judge Phillip Montgomery Thursday for a virtual bond hearing from the DeKalb County Jail. He was arrested by Genoa police Wednesday, according to DeKalb County court records.

DeKalb County prosecutors asked Montgomery to set Cardinal’s bond amount at $200,000 with a 10% cash payment required to get out of jail. Due to Cardinal’s prior criminal history, including what Montgomery said was a prior conviction of felony aggravated battery to a child, for which Cardinal served time in the Illinois Department of Corrections, the judge set Cardinal’s bond at $200,000. Cardinal’s prior child battery conviction was not in DeKalb County, according to court records.

Cardinal would need to post $20,000 to get out of jail.

The DeKalb 38-year-old has pending charges in DeKalb County related to a separate incident from May 15 of this year, records show, during which Genoa police allege the man battered a woman while children were present.

In that incident a month ago, Cardinal allegedly forced the woman to the ground after getting into a verbal argument with her, shoved her in the chest and held her on the floor, preventing her from getting up.

The woman also filed an emergency order of protection May 17 against Cardinal in response to the incident, records show, which she says allegedly occurred because Cardinal became angry when some drinks were accidentally spilled on the driveway.

For that May 17 incident, Cardinal was charged with misdemeanor domestic battery, records show, and was released from jail on a $3,000 recognizance bond by Montgomery, records show.

However, another investigation was opened into allegations of predatory criminal sexual abuse earlier this month after DeKalb County Sheriff’s deputies and Genoa police learned of an alleged incident which the child told a forensic interviewer occurred sometime prior to Christmas 2020.

Three days after the domestic battery incident in May, a Genoa police officer’s report says the child, who is younger than 13, was interviewed by a Child Forensic investigator at the Family Service Agency of DeKalb County. The child told the interviewer she and Cardinal would watch television together on the couch on the weekends, and she remembers an incident before Christmas time of 2020, when she fell asleep on the couch, and then woke up to Cardinal allegedly sexually assaulting her.

The child told investigators Cardinal likes to smoke in the bathroom, and following that incident, he went to the bathroom, came out a short while later and told her to take a shower, records allege. When the child was in the bathroom, she allegedly discovered Cardinal’s cell phone was set up to record her.

DeKalb County Sheriff’s deputies also told Genoa police that while Cardinal was in DeKalb County Jail shortly after being arrested for domestic battery from the May incident, audio recording from a jail phone includes Cardinal allegedly talking about the sexual assault. Police records allege Cardinal says in the phone call “I’m not happy about that. I’m not [expletive] happy about that?”

Genoa police arrested Cardinal on the predatory criminal sexual assault of a child charges Wednesday from his DeKalb residence.

Montgomery consolidated Cardinal’s cases Thursdays, and Cardinal is next set to appear for arraignment July 15 at 2:30 p.m. in front of DeKalb County Circuit Court Judge Marcy Buick.