Elburn man denies drug charges

An Elburn man pleaded not guilty Thursday to charges stemming from a drug raid at his home in October.

Neil T. Tomsheck, 19, of the 300 block of North Fourth Street, was arraigned in front of Kane County Judge Timothy Q. Sheldon on charges including possession of a controlled substance.

Tomsheck was arrested after police said they recovered 150 grams of the drug Ecstasy in an Oct. 22, 2009, search of the home he shares with his father.

The charges, however, were downgraded with a grand jury indictment in late March after the Illinois State Police crime lab came up with "significantly" lower weight for the alleged drugs, according to Tomsheck's attorney, Kim DiGiovanni.

She said subsequent testing identified only 4.8 grams of a suspected controlled substance and, as a result, Tomsheck is no longer charged with a Class X felony.

"Ultimately, it goes from an offense that (requires) mandatory prison to an offense that is probationable," she said, noting the original weight calculations were "way off."

According to a police synopsis read at Tomsheck's initial court appearance in October, he told authorities he made Ecstasy but considered himself "a scientist - not a user."

After the indictment on lesser charges, Tomsheck's bond was lowered from $300,000 to $10,000. He is out on bail with an upcoming court date of May 21.