Man accused of shooting gun into crowd in downtown McHenry ordered detained in jail

A man accused of “recklessly” shooting a 9mm Canik pistol at least seven times in crowded area in downtown McHenry last weekend was ordered Wednesday to be held McHenry County jail until his trial Wednesday.

Joel Ponce, 22, of the 800 block of Corona Court in Round Lake Beach, is charged with reckless discharge of a firearm and aggravated unlawful use of a weapon, Class 4 felonies, as well as reckless conduct in the shooting that authorities said happened at about 1 a.m. Saturday, according to the criminal complaint filed in the McHenry County courthouse.

If convicted on the Class 4 felony, Ponce would face one to three years in prison. The charge also is probational.

Ponce appeared Wednesday before Judge Michael Coppedge for an initial detention hearing on the third day of the no-cash bail that went into effect under the SAFE-T Act Monday.

He was among five defendants who appeared in orange jail-issued clothing for their initial appearances Wednesday following their arrests within the last 48 hours, per the new law.

Of the five, Ponce and another man who was charged with felony aggravated battery and felony domestic battery were ordered to be detained following a pre-trial detention hearing.

The three other defendants who were released with conditions were charged with domestic battery, possession of a controlled substance and retail theft.

Under the new law, someone accused of a crime can no longer be required to pay a cash bond to be released pre-trial.

Detention hearings are held instead and put the burden on the state to prove there is probable cause to hold a person accused of a crime because they either pose a threat to an individual or the community at large or are a flight risk.

Prosecutors also could argue for release with added conditions such as placing restrictions on where a defendant is allowed to go or on people they are allowed to have contact with, wearing an ankle monitor, curfews and a GPS tracker.

Assistant State’s Attorney Shelby Page argued that Ponce be detained because he “poses a real and present threat to the community as a whole.”

She said the allegations stem from an altercation that began at the Vixen, a bar and entertainment venue on North Green Street in downtown McHenry.

A news release from McHenry police said the altercation proceeding the gunfire took place “in a public parking area.”

Page said Ponce and two companions left the venue and went to his vehicle, from which he shot multiple rounds from a pistol “aimlessly” into a crowd of people.

There were no reported injuries, according to McHenry police who responded to the scene.

Ponce, who matched the description people present provided, acted “in an extremely dangerous manner, in a highly populated area” near bars and restaurants, Page said.

“People on the street went running” as Ponce was “shooting off multiple shots with complete disregard for those around him,” Page said.

She said the “entire community” was in danger that night and still is in danger and that he should be detained.

Ponce’s attorney, Dan Nold, who argued Ponce should be released with conditions, said the evidence Page is presenting is “based on words of strangers.”

Additionally, Nold said, the female companion with Ponce was found in possession of the pistol on Monday and he cast doubt on who actually shot it.

He also said that Ponce, who has a valid firearm owner identification card, has no criminal history and is not a flight risk citing that after the alleged incident he did not flee the area and wasn’t arrested until Tuesday.

In his ruling to detain Ponce, Coppedge said though he is considered innocent until proven guilty by law, there is a strong preponderance he committed this offense.

He said what he is accused of was “reckless and noted the altercation that night was with a stranger and he could have just walked away from.

The judge responded that whether Ponce shot the firearm or not is “inconsequential” as he still has accountability.

Authorities said the investigation into the shooting is ongoing.

McHenry Mayor Wayne Jett previously had an ownership stake in the Vixen but said Wednesday he is no longer an owner. Just days before the shooting Saturday, Jett’s State of the City address was held at the Vixen.

Northwest Herald reporter Janelle Walker contributed.