A drug offense filed against a man in September – who Woodstock police said swallowed a baggie of crack cocaine as they tried to search him – was increased, and he was back in first-appearance court Tuesday.
Cedric Hammond, 40, of the 600 block of Freemont Street in Belvidere, is charged with the manufacturing and delivery of 1 to 15 grams of cocaine, a Class 1 felony, according to a criminal complaint filed in McHenry County court. The charge was upgraded from Sept. 12, when he was charged with possession of a controlled substance, a lesser Class 4 felony. Assistant State’s Attorney Stephan Gregorowicz said the charge was increased after further investigation.
After Hammond’s pretrial hearing in September, he was released with standard conditions because he was not charged with a detainable offense. Hammond also is charged with possession of cocaine, aggravated battery, resisting or obstructing a police officer causing injury, obstructing justice through tampering with evidence or false information, unlawful possession of marijuana by a driver and driving with a revoked license, according to the criminal complaint.
In arguing that Hammond is a danger and threat to the community, Gregorowicz said Sept. 12 that police saw Hammond driving away from a hotel in Woodstock known as a place where people use and sell narcotics. As police searched Hammond, they felt an item in his pants that later proved to be baggies of crack cocaine; police also found $1,713 in different denominations in his front pocket, authorities said. Finding the baggies and cash in such denominations is “indicative of narcotics sales and distribution,” Gregorowicz said in arguing that Hammond be detained in the county jail pretrial.
During the arrest, officers said Hammond put something in his mouth and swallowed it. Police later learned that he had swallowed a baggie of crack cocaine, Gregorowicz said. As an officer stuck his finger in Hammond’s mouth to try to get the baggie out, Hammond allegedly bit him, causing the officer to bleed. Hammond also allegedly fought against officers who tried to put handcuffs on him and was tased. While Hammond was in the hospital, another small baggie of crack cocaine was found next to his bed, Gregorowicz said.
Gregorowicz said Hammond admitted to police that he bought the crack cocaine and planned to buy more to sell. Police also found text messages in his cellphone discussing drug deals, Gregorowicz said.
Hammond’s defense attorney, George Kililis, argued that Hammond be released pretrial, as he was in September. Kililis said the probable cause argued in September had even “more violence,” and Hammond was not charged with the higher offense and was released. The defense attorney questioned why prosecutors did not bring the higher, detainable drug charge then.
Gregorowicz said the officer filed two separate cases that night, but the assistant state’s attorney in charge at the time only approved the case with the lesser drug charge of possession. However, after further investigation, the more serious charge was approved, Gregorowicz said. Both cases would be merged at the grand jury, he said.
Judge Justin Hansen said “some might say this is a second bite at the apple” because the state is not happy that Hammond was released pretrial in September.
The prosecutor also said Hammond has a history of violent crimes, including drug dealing, home invasion and domestic battery, and has spent time in prison.
Kililis said Hammond has not violated any conditions during the last three weeks of his pretrial release. However, when Hammond was released, he was taken back into the custody of the Illinois Department of Corrections for previous cases involving domestic battery and possession charges, according to the IDOC website.
The statement he allegedly made that he was going to sell cocaine was “isolated” and allegedly when he had not yet been read his Miranda rights, Kililis said. He also said that although the state calls his client a drug dealer, “there is no evidence,” and Hammond was not “caught in the act of a drug deal.”
Hansen said the state did not prove that no conditions could protect the community. Noting Hammond’s lack of violations since his arrest, the judge released Hammond with the same conditions as before, including that he not leave the state without permission, that he refrain from possessing a firearm, and that he be on court supervision. He also must submit to random drug screenings.
Hammond is due in court Friday. Conviction on a Class 1 felony carries a sentence up to 15 years in prison.