A man is facing new felony charges just months after he was paroled following prison time for burglarizing a Lakewood home, stealing from a vehicle in Crystal Lake and participating in mob action in Cary.
Victor Diaz, 24, of Crystal Lake made an initial court appearance Tuesday on the new charges of burglary and possessing a stolen vehicle, Class 2 felonies, as well as criminal damage to property of between $10,000 and $100,000, according to the criminal complaint filed in McHenry County court.
Diaz was paroled Oct. 7 from Pinckneyville Correctional Center in Perry County, according to the Illinois Department of Corrections. He was still on mandatory supervised release when, prosecutors say, at 7 a.m. Feb. 20 he smashed a vehicle through the front of the Smoke Depot in Crystal Lake. He damaged a large display window, its frame, shelving and merchandise while forcing entry, according to Crystal Lake police and the complaint.
An Elgin woman also was charged in connection with this incident. Geneva Orive, 25, was charged with burglary, a Class 2 felony, court records show.
Authorities allege the pair entered “with the intent to commit ... a theft,” according to the complaints. At the same time, Diaz was “knowingly” in the possession of a stolen 2014 Jeep, the complaint states.
Crystal Lake police said that when they arrived, they saw the damaged exterior of the business, which was closed at the time. However, the offenders were not on the scene, police said.
During Diaz’s initial court appearance Tuesday, Assistant State’s Attorney Garrett Miller argued for Diaz’s pretrial detention in the county jail. Miller said Diaz is a flight risk.
There were “a series of points of contact” between a detective and Diaz, and multiple attempts were made to take Diaz into custody on a warrant, which Diaz was aware of, Miller said.
Rather than turn himself in, Diaz repeatedly “thwarted the judicial process,” Miller said. Diaz’s behavior, including a comment he allegedly made to a family member while packing a bag that he was “‘not going back to jail’ ... speaks to a guilty mind and culpability,” Miller said.
He also noted that Diaz still is on mandatory supervised release on his previous convictions and he “rarely” stays at the address he was paroled to. With so little time out of prison, Diaz “is playing fast and loose with the terms of his parole,” Miller said.
However, Assistant Public Defender Kim Messer said Diaz was not avoiding the warrant. He wanted to get money for his family and see his child before turning himself in, she said.
Diaz still is in good standing with his parole and has not missed a check-in with his parole officer or the prison, Messer said. He also has cooperated in undergoing a mental health evaluation. The evaluation did not recommend any treatments but did diagnose him as having anxiety, Messer said.
Officers went to the home where Diaz was paroled to on April 6 and spoke to a relative but did not make contact with Diaz, according to officials. The warrant was approved April 9 and police returned to the home; however, the relative did not let them in to search, Messer said. Police told the relative she was harboring a fugitive and told her she was in trouble and that Diaz “is a [expletive] punk,” Messer said. A detective called Diaz and said, “What’s up, Dog? Where you at? Let me come get you and take you to prison. You messed with the wrong one today,’” Messer said.
Diaz said he would turn himself in on Friday or Saturday but, according to the public defender, started having chest pains. So he surrendered “on his own Monday night, within four days of the issuance of the warrant,” Messer said in arguing Diaz is not a flight risk and should be released from the county jail pretrial.
But Miller responded that in past cases, the court had issued bond forfeitures because he did not show up to court.
“When allowed to, he takes advantage of the situation, takes steps to thwart the judicial process,” Miller said. “Even when bond money is involved, he still forces the state to seek bond forfeiture. When he ... is detained, that is when cases can proceed and justice is served.”
Messer said that in those cases, Diaz and his attorney did show up to court “quickly,” and the bond forfeitures were vacated.
“You can’t presume anything from those bond forfeitures,” Messer said. Also one of those cases was pending during the height of COVID-19 restrictions, she said.
Lamb said the evidence presented show Diaz likely committed the charged offenses, which are detainable, and he “does have a likelihood of willful flight to avoid prosecution.”
But she also found there are conditions to ensure he returns to court and she released him from the county jail.
Diaz was placed on house arrest, given a curfew from 6 p.m. to 5 a.m. seven days a week and is not allowed to leave the state or have any contact with the Smoke Shop. He also must submit to screens for all substances.
Orive made her initial court appearance Thursday and she was released with conditions including she not have any contact with the smoke shop, records show.
In 2024, Diaz pleaded guilty in connection with a crime spree that included theft, residential burglary and mob action, records in the McHenry County court show.
In exchange for his guilty plea to charges in three criminal cases filed among nine others during 2023, multiple charges were dismissed, records show. He was sentenced to five years in prison, but with truth-in-sentencing laws and credits for time served, he was released early.
Diaz is due back in court May 12. Orive is set to appear May 15, court records show.
