A Woodstock man who previously worked at District 200 as a mechanic and a bus driver, is charged with multiple counts of sexual assault of children younger than 13 over the course of 10 years in the 1990s.
James M. Birr, 60, of the 100 block of North Hayward Street, Woodstock, was charged with predatory sexual assault of a child younger than 13 – a Class X felony – as well as sexual assault of a family member younger than 18 and nine counts of aggravated sexual abuse of a child younger than 13, according to McHenry County Courthouse records.
The accusations come from five victims, and the alleged offenses happened between 1991 and 2001. All the victims came forward at the same time, each “painting a highly realistic picture” that are “eerily similar,” McHenry County Assistant State’s Attorney Garrett Miller said at Birr’s initial jail appearance Saturday.
“This is the gold standard for testimonial evidence,” he said.
Miller pushed for Birr to be detained, arguing that despite the alleged crimes happening about 25 years ago, he still poses an “incredible danger.” Ultimately, Judge Joel Berg ruled that Birr be released with multiple conditions.
Birr would create situations where he would be in a “position of trust and authority” and alone with minors including being a stepfather, baseball umpire, volunteer, Scoutmaster and coach, Miller said.
“It’s very likely to never have stopped,” Miller said. “The likelihood of other victims is tremendously high.”
Birr previously worked at Woodstock Community Unit School District 200 as a mechanic for 10 years after the alleged events took place, said Nicholas Feda, an attorney representing Birr. He currently works as a foreman for a truck dealership in Grayslake.
Miller said Birr also worked as a bus driver for District 200 and an “investigation is ongoing” if there are more victims.
A spokesperson for District 200 was not immediately reached for comment.
Birr has no criminal record nor a history of drug or alcohol abuse, Feda said.
Judge Berg agreed the probability is high that there are other victims, but has to balance Birr’s low risk assessment while obeying the state law’s requirement of using the least restrictive means.
“The court is not that naive to think that the defendant didn’t have other cases for the past 26 years,” Berg said.
Birr was released from jail Saturday with conditions that include refraining from possessing a firearm, refraining from communicating with all minors, GPS supervision, refraining from having devices capable of accessing the internet, obtaining a sex offender evaluation and staying at least 1,000 feet from schools and parks. The conditions also call for Birr to refrain from going to day cares, amusement parks, malls, museums and fast food restaurants, according to court documents.
Birr is scheduled to appear in court July 21, according to court records.