Downers Grove man arrested three hours after release from DuPage County jail

Pre-trial release was revoked Friday for a Downers Grove man newly charged with burglary and aggravated battery committed less than three hours after being released from the DuPage County Jail on burglary and retail theft charges, prosecutors said.

On June 4, Eric Hart, 60, of the 1100 block of Butterfield Road, appeared in First Appearance Court charged with one count each of burglary, aggravated battery and retail theft and two counts of resisting a police officer, according to a DuPage County State’s Attorney’s Office news release.

Hart was not detained pre-trial on the offenses as they are not detention-eligible offenses.

Following his June 4 appearance in First Appearance Court, the state filed a motion to revoke pre-trial release on Hart’s previous case that alleges he stole more than $300 worth of merchandise, including cologne and a massage gun from the Oak Brook Macy’s, 1 Oak Brook Center, on June 2, according to the release.

That motion was granted by the court on Friday as Hart had not obeyed the conditions of his initial release, which stated that he not be charged with a new criminal offense and that he not go to the Macy’s.

About 10:53 a.m. June 3, Hart was released, as required by law, following allegations that he stole cologne and a massage gun from the Oak Brook Macy’s, according to the release.

About 1:36 p.m., the same day, Oak Brook police responded to the Oak Brook Macy’s for a call of an individual, later identified as Hart, who had allegedly entered the store, selected four boxes of cologne worth about $511, and exited the store without paying for the merchandise, authorities said.

Police saw Hart walking outside the store and ordered him to stop, at which time he fled. After a brief pursuit, Hart resisted officers, pulling a large clump of hair out of one of the officer’s head and causing cuts and bruises to her knees. He was subsequently arrested, according to the release.

“It is not often that an individual finds themselves arrested and charged for the same crime at the same location two days in a row,” DuPage County State’s Attorney Robert Berlin said in the release. “What I find troubling however, is the fact that under the Safe-T-Act, this defendant was afforded the opportunity to allegedly commit a crime less than three hours after he had been released on felony burglary and retail theft charges.

“This fact illustrates the need for changes to the State’s Safe-T-Act to give judges more discretion. Too often, we are seeing cases where a defendant accused of a serious crime is released pre-trial because the Act does not allow judges to use their discretion for certain offenses.”

“This defendant didn’t fully realize that Oak Brook is the wrong place to commit a crime on Monday, so we reminded him on Tuesday,” Oak Brook Chief of Police Brian Strockis said in the release.

Hart’s next court appearance is scheduled for June 18.