Man accused of assaulting child in Harvard released pretrial; judge cites recent appellate ruling

Although a judge called the allegation against a defendant “disgusting,” he cited an appellate ruling in releasing him pretrial from the McHenry County jail Friday.

Luis Velazquez-Pacheco, 39, of the 500 block of Sandhurst Lane in South Elgin, is charged with predatory criminal sexual assault of a child younger than 13, a Class X felony, according to the criminal complaint in McHenry County court.

He is accused of assaulting a 10-year-old child in Harvard, records show. If convicted, he could face up to 30 years in prison or 60 years if deemed to be eligible for an extended term, Judge Carl Metz said during the defendant’s detention hearing.

Assistant State’s Attorney Anthony Marin argued that Velazquez-Pacheco be detained based on dangerousness. He said Velazquez-Pacheco, who currently lives in a hotel in Elgin, assaulted a child first in 2020, when she was 10, and he admitted to at least three more times in the years since. Marin said Velazquez-Pacheco would sometimes give the alleged victim Benadryl, and there were times when the girl woke up to him assaulting her. Marin said Velazquez-Pacheco also admitted to police that he committed the acts. The child, who reported the alleged assaults to her grandmother in April, has said that she “hated her life,” Marin said.

“He could go and try and find another victim or try to approach her again,” Marin said. “There are no conditions to keep her or others safe.”

Assistant Public Defender Gene Wilson argued that Velazquez-Pacheco has had no criminal incidents since 2011, and there are conditions to keep the child and others safe. Wilson said the girl’s mother is OK with Velazquez-Pacheco’s release.

Metz said Velazquez-Pacheco admitted to the alleged acts and that the “proof is evident and the assumption is great” that he committed the acts based on the “lengthy and disgusting proffer,” Marin read.

However, the judge said he is “concerned” about whether the state met the burden required to prove Velazquez-Pacheco is a “present threat.” Metz referred to a recent ruling by the Illinois 2nd District Appellate Court that reversed a decision to detain a defendant charged with similar offenses. In that case, the judges ruled that the state failed to prove there were no mitigating conditions for release of the defendant that would protect the alleged victim and community.

Metz released Velazquez-Pacheco with conditions, including that he give up any firearms and not leave the state. He also was ordered to wear a GPS monitor and stay at least 5 miles away from the girl’s home. When school begins, he also must stay at least 2 miles away from the child’s school. He must abide by a permanent no-contact order regarding the alleged victim. He is to receive a sex offender evaluation within 21 days and will be under pretrial supervision by court services. He also is to have no contact with any minors, Metz said.

Velazquez-Pacheco is due in court Aug. 15.