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Judge: Toss a kilo of cocaine, stay in jail

Mendota man jailed while awaiting trial for trafficking

Ruemy Duarte Castaneda

Prosecutors allege he tossed a “brick” of cocaine out his car window, sped from the cops, “side-swiped” a truck and then fled on foot.

That was too much for a judge Thursday to let Ruemy Duarte Castenada out of La Salle County Jail, even with the pledge that he’d abide by home confinement and GPS monitoring.

Duarte Castaneda, 50, of Mendota then entered not-guilty pleas in La Salle County Circuit Court to four felonies led by controlled substance trafficking, a Class X felony carrying an extended sentence up to a 120 years. His trial is set for March 2.

Duarte Castaneda was charged following a Dec. 23 traffic stop and an ensuing search warrant of his residence. At his first appearance, he deferred a hearing on detention until he had a chance to retain a private attorney.

Thursday, Ottawa, defense lawyer Karen Donnelly entered her appearance and then asked Circuit Judge Michelle A. Vescogni to consider granting Duarte Castaneda pre-trial release, albeit with conditions including an ankle monitor.

Donnelly argued Duarte Castaneda had no crimes of violence anywhere in his personal history and has strong ties to Mendota, reducing the potential for flight. She also cited case law in which judges ruled that drug offenses, however serious, constitute a “generalized risk” to the public, and a suspect can only be detained for a direct, specified risk to others.

(Donnelly also said she anticipates filing a motion to quash the search warrant. If granted, the cocaine subsequently seized from Duarte Castaneda’s residence would be thrown out.)

But prosecutor Ryan Cantlin said Duarte Castaneda demonstrated he’s a risk to others, and a risk of flight, when he sped from the traffic stop on Interstate 39 and was spotted ejecting an object from his window, and which turned out to be a kilo of cocaine. After a collision, Duarte Castaneda fled his disabled vehicle on foot before capture.

Cantlin also cited statements to police in which Duarte Castaneda admitted bringing the cocaine from Indiana and that he personally doesn’t use drugs, indicating an intent to sell.

Vescogni agreed Duarte Castaneda was a bad risk for pre-trial release and said home confinement wasn’t an appropriate remedy since he allegedly had cocaine in his home and could conduct illicit transactions even with GPS monitoring.

He will next appear Feb. 20 for a final pre-trial conference.

Tom Collins

Tom Collins

Tom Collins covers criminal justice in La Salle County.