Richmond man accused of same child sex assault charge he previously faced in Lake County

A Richmond man is accused of sexually assaulting a child around 2019; he faced the same allegation in Lake County, but the charge was dismissed, his attorney said during an initial hearing appearance Friday.

Michael Rios, 41, of the 5300 block of Valley Drive, is charged with one count of predatory criminal sexual assault of a child younger than 13, a Class X felony, according to documents filed in McHenry County court and Judge Carl Metz II, who presided over the hearing.

Assistant State’s Attorney Julio Cantre argued that Rios is a danger to the child and should be detained pretrial in the county jail. Cantre said the child still lives “relatively close” to Rios, and the child’s foster parent wants Rios detained. The foster parent “never wants him to find out where they live,” Cantre said.

The child told a therapist at the Child Advocacy Center of McHenry County about the alleged assaults, Cantre said. He called the allegations “pure sickness.”

Rios’s “compulsion is so powerful [that] the court cannot take the risk” of releasing him from the jail, Cantre said.

Cantre said Rios was accused of the same offense with the same child in Round Lake. The charge was downgraded to aggravated battery, a Class 3 felony, to which he pleaded guilty and was sentenced to probation, Cantre said.

Assistant Public Defender David Giesinger said Rios hasn’t been around the child for four years, does not know the child’s location and has never tried to contact the child. Giesinger said Rios could be released with conditions, including that he turn over his passport. Giesinger also questioned whether charging Rios with the same offense he faced in Lake County is double jeopardy.

Metz released Rios from the county jail with conditions, including that he have no contact with the alleged victim. He is only allowed to leave the state to travel to Wisconsin for work and will be under court supervision, Metz said.