A McHenry man who authorities allege set up a meeting through Snapchat to sell a PlayStation, but then robbed the would-be buyers and fired a pistol, was ordered held in McHenry County jail Wednesday.
Dominic Trujillo, 20, of the 1200 block of Charles Street, was charged in 2021 with two counts of armed robbery, a Class X felony; aggravated discharge of a firearm; aggravated unlawful use of a loaded weapon without a Firearms Owner Identification Card; and unlawful possession of a handgun by someone under the age of 21, among other alleged offenses, records in the McHenry County courthouse show.
Trujillo has been in the county jail on a $250,000 bond since Sept. 15, 2021, before the cash bail system was put to an end last month as part of the Illinois SAFE-T Act criminal justice reforms. Like many defendants locked up while awaiting trial, Trujillo tried to be released from county jail without posting bond under the new law.
Under the old law, he was required to post $25,000 to be released.
Assistant State’s Attorney Justin Neubauer argued that Trujillo be denied pretrial release, saying that he is a danger to individual witnesses and alleged victims, as well as to the community at large.
“He set up a sale as a pretense to rob someone. I do not believe any combination of conditions that could keep the community safe,” Neubauer said.
According to authorities, McHenry County Sheriff’s deputies responded to the 7600 block of Maplewood Drive in Wonder Lake about 5:15 p.m. on May 4, 2020, where two men told police that Trujillo had arranged the meeting through Snapchat to sell them a PlayStation.
But when they arrived, Trujillo, who was with another man, pulled out a silver handgun and demanded the men empty their pockets, shot the gun into the ground, then fled, authorities allege; the alleged victims said he stole an iPhone and a vape pen from them.
Trujillo was later picked out by the alleged victims in a lineup, Neubauer said.
Trujillo was 17 when he allegedly committed these offenses and he was initially charged as a juvenile. At the time, he was out on bond on two other cases in which he was charged as a juvenile for resisting arrest and residential burglary, Neubauer said.
Neubauer also said while Trujillo was initially out on bond for the armed robbery case in 2021, he was also charged with possession of a controlled substance, a Class 4 felony.
Trujillo’s attorney, Special Assistant Public Defender Kevin Hanzel, argued that Trujillo be allowed release from jail with conditions so that he can help with his defense.
Hanzel told Judge Tiffany Davis that no gun or shell casings were recovered from the area, and there is no testimony as to where the shot came from. Hanzel said there were hunters in the area, which could have been where the sound of gunfire came from.
The alleged presence of the weapon is important, because use of a firearm during the commission of the alleged crime would result in a 15-year add-on to Trujillo’s sentence if he’s convicted of the current charges, Davis said. Sentencing on Class X felonies carry prison sentences of six to 30 years.
Hanzel also said that there was no property or cash recovered that matches what the alleged victims said was stolen.
He said Trujillo is a lifelong McHenry County resident, has undergone anger management and is “open to changing his personality characteristics.”
Hanzel also noted that Trujillo turned himself in to face the current charges.
Hanzel suggested Trujillo be placed on GPS monitor to ensure he shows up to court and that the witnesses and community are protected.
“The only thing keeping him in jail is monetary,” Hanzel said. “The purpose of the SAFE-T Act is to remove that precursory prior to trial.”
However, Davis ruled in favor of prosecutors and ordered Trujillo held in jail pending trial.
Davis said Trujillo has a low to moderate level of risk assessment, is polite when in court and is innocent until proven guilty. But the judge noted Trujillo’s prior alleged offenses and other pending cases.
“The state has met its burden in presenting clear and convincing evidence ... he poses a threat to a person or the community,” Davis said.
Trujillo is set for trial Oct. 30.