A former Woodstock man accused of exploiting and sexually abusing a child he knew multiple times over a five-year time span was detained in the county jail pretrial Friday.
Derrick Lindsey, 35, of Elgin, is charged with aggravated criminal sexual abuse of a person younger than 18, Class 2 felony, and exploitation of a child, according to the criminal complaint filed in McHenry County court.
If convicted on a Class 2 felony, he could be sentenced to probation or up to seven years in prison.
At Friday’s pretrial detention hearing, Assistant State’s Attorney Julio Cantre argued Lindsey be held in jail pretrial based on dangerousness and risk for willful flight. He said Lindsey knew there was a warrant out for his arrest for the last 10 months and fled the area and would not even tell his mother where he was. The girl he’s accused of abusing, now 15, said she told interviewers at the Children’s Advocacy Center that he abused her at homes in Cook and Kane counties and had her watch pornography, Cantre said.
As Cantre read details of the alleged offenses, Lindsey stared at him, appeared to smirk and at times shook his head side to side, seemingly denying the accusations.
Cantre said detectives had been searching for Lindsey since September. He allegedly left the Woodstock area after the child was interviewed knowing police were looking for him. Social media posts Lindsey made indicated he was trying to flea to Michigan, Texas or California, Cantre said. The child’s mom said she feared for herself and her child should Lindsey be released from the jail pretrial, Cantre said.
“The proof is evident he committed the acts ... he poses a threat to any child that he comes into contact with, who may be alone with him,” Cantre said.
But Lindsey’s attorney, Brian Stevens, refuted the allegations. Ten years have gone by since the alleged abuse, and the girl had not made the claims until recently.
“If this was really happening” the child would have made allegations sooner, Stevens said.
“All of a sudden” these “ridiculous allegations” are made, Stevens said.
Stevens also argued Lindsey is not a flight risk and would comply with conditions if released. The Facebook posts indicating he was trying to flea were made at a time Lindsey had lost his cellphone and he was hacked, Stevens said, adding the girl is in Chicago and Lindsey has made no attempts to contact her. The attorney also said Lindsey knew there was a warrant for his arrest and during the last 10 months had been taking the necessary steps to turn himself in and gather funds to hire a lawyer. He then contacted Stevens and surrendered, Stevens said.
In addressing Stevens’ arguments, Cantre said there are other ways to post to social media besides a cellphone and it is not uncommon for children to report abuse long after it occurred.
“There is lots of history of delayed reports that proved to be credible,” Cantre said.
Judge Carl Metz said someone waiting 10 months to turn himself in to police is “not someone who accepts consequences of his actions.” He said he did not believe the state proved Lindsey was a danger but did prove he is a willful flight. He knew a warrant was out for his arrest and did not turn himself in, and he also failed to appear in court on a separate case, Metz said. The judge said he also believed the Facebook posts and not telling his own mother where he was were indications he was intending to flee.