Michael D. Harris, 34, of the 2600 block of West Washington Boulevard in Chicago, was charged with first-degree attempted murder and aggravated battery/discharge of a firearm, Class X felonies, as well as aggravated discharge of a firearm at a person or vehicle, according to the criminal complaint in the McHenry County courthouse.
He was out of jail awaiting trial for unrelated marijuana charges at the time of the shooting, according to the complaint.
Conviction of a Class X felony carries a prison term of between six and 30 years.
The shooting, for which Harris was being held on $1 million bond, occurred about 10:30 a.m. May 16, according to a complaint filed by the McHenry County Sheriff’s Office.
In a different 2022 Crystal Lake case, Harris was charged with the unlawful possession with intent to deliver between 10 and 30 grams of marijuana as well as unlawful possession of between 10 and 30 grams of marijuana, according to the indictment.
He was released the next day on a $10,000 recognizance bond.
When he failed to show up for court in that case, a $20,000 warrant was issued for his arrest, according to court records.
He was taken back into county jail custody Aug. 24 on the warrant and the attempted murder charge and has been held in custody since.
His attorney, Brian Stevens, is expected to argue Wednesday under the state’s new SAFE-T Act that Harris be released from the county jail with conditions while awaiting adjudication.
The SAFE-T Act, which took effect in Illinois on Sept. 18, deems it unconstitutional to hold a person in the county jail pretrial on monetary bail.
In order to hold a person in jail before trial, a judge must find that based on “specific articulable facts” of a case that a person is a threat to one person or the community or is a flight risk.
Since the law took effect, dozens of inmates held on cash bail before Sept. 18 have had hearings for release.
Daily, weekday hearings have been held for new defendants to determine whether they should be detained or released with conditions.
Stevens said that in Harris’ case, he will argue that witnesses provided inaccurate identification information leading to his arrest and that Harris made statements during a time in which he was under distress.
Prosecutors have filed a petition to detain Harris in jail until his trial, alleging that he is a threat to the community based on the case, according to the petition.