A Venezuelan national will remain in the Will County jail facing charges of selling fake grenades during an undercover operation.
On Wednesday, Will County Judge Amy Christiansen determined that Daniel Benitez-Aparcedo, 26, is a flight risk and poses a danger to the community.
Benitez-Aparcedo will remain in jail under the SAFE-T Act on charges of unlawful sale or delivery of a firearm, theft and conspiracy to possess an explosive or incendiary device.
“Selling guns and alleged grenades and other explosive materials would certainly be a danger to the community as a whole,” Christiansen said.
Benitez-Aparcedo was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Illinois Attorney General Kwame Raoul’s office is handling prosecution of the case.
During Wednesday’s detention hearing, Assistant Attorney General Andrew Whitfield told Christiansen that Benitez-Aparcedo is not a U.S. citizen but rather a Venezuelan national with no ties to the community.
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Whitfield said the ATF investigation regarded Tren de Aragua, a Venezuelan gang that has been deemed a foreign terrorist organization by the White House.
Benitez-Aparcedo was not identified by Whitfield as someone who was affiliated with the gang.
Whitfield said even though the grenades allegedly sold to the undercover agents were not real, Benitez-Aparcedo and another person who was with him believed they were real.
Will County Assistant Public Defender Stephen Whitmore said Benitez-Aparcedo should receive a conditional release from jail, and he recommended that Benitez-Aparcedo submit to electronic monitoring.
Whitmore said Benitez-Aparcedo resides in Chicago with his wife and two children, and he works in construction. He said Benitez-Aparcedo reported that he came to the U.S. legally, and he has no criminal history.
Whitfield argued that electronic monitoring would not prevent Benitez-Aparcedo from selling firearms and other weapons.
The ATF undercover operation that led to Benitez-Aparcedo’s arrest took place June 10 at a warehouse in Will County, court records show.
About a month later, there was another ATF undercover operation that led to the arrest of Luis Perez-Hidalgo, 36, and Andreidy Castellan-Martinez, 22, both of Chicago, according to court records.
Prosecutors said there were people present at the scene of the operation who were identified as Tren de Aragua gang members and had tattoos “consistent with the gang affiliation.”
The court filing from prosecutors did not specify whether Perez-Hidalgo and Castellan-Martinez were affiliated with Tren de Aragua.