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3 Elgin men charged with sexually assaulting teen

Authorities have charged three Elgin men with sexually assaulting an 18-year-old in mid-December and recording it on a cellphone, according to Kane County court records.

Daniel Hernandez, 20, of the 700 block of Dean Street, was being held at the Kane County jail on $1 million bail on felony charges of aggravated criminal sexual assault causing bodily harm, kidnapping and unlawful restraint.

The most severe charge carries a sentence of six to 30 years in prison with no chance of probation if convicted. Hernandez is next due in court Jan. 9.

Two others - Eric N. Cruz, 23, of the 700 block of Dixon Avenue, and Jose L. Vazquez Jr., 20, of the 0-99 block of Longwood Circle - face the same charges as Hernandez, and warrants have been issued for their arrests, records show.

According to a police affidavit used to obtain a search warrant, Vazquez picked up the young woman at about 9 p.m. Dec. 9 to go to her friend's apartment on the 500 block of North Grove Street.

Three other men, including Cruz and Hernandez, were in the car when she was picked up. The victim told police she had three shots of alcohol plus a mixed drink she prepared herself and left unattended on a table in the kitchen area of the apartment, according to the affidavit.

The last thing she recalled was hanging out and talking before she awoke in a bedroom the next day lying next to Vasquez with her pants around her knees and no bra on, the affidavit said.

Vasquez told her the two had sex, but he had used a condom. The victim's female friend discovered several used condoms on the apartment floor the next day, and Cruz showed her a video of Hernandez and Vasquez having sex with the victim, according to the affidavit.

The victim went to the hospital for tests and told police there that she did not consent to have sex with anyone and that she wanted to press charges.

Cruz was questioned and said the girl was a "willing participant." Cruz admitted that two videos were recorded using his phone, but he declined to show detectives the video until he talked with a lawyer, according to the affidavit.

Police found an empty bottle of alcohol at the apartment, along with one used condom, after a search on Dec. 11. Authorities also obtained a search warrant to get the videos off Cruz's phone, along with all other electronic communications from that time period.

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