Parents may lose home in kids' drug arrest
A Cary couple could lose their home to McHenry County authorities because of accusations their son and two friends used it to run a sophisticated drug ring.
In court documents filed Tuesday, Cary police and the McHenry County state's attorney's office asked a judge to award them the house at 538 Krenz Ave. under state drug forfeiture laws.
It is the first time in at least a decade -- if ever -- county authorities have tried to use those laws to seize a residence.
"The property was used in multiple Class X felony drug offenses and, therefore, it is subject to this forfeiture action," Assistant State's Attorney William J. Dennison II said. "Under the statute we have to prove that the owners knew of this activity, and we believe we can meet that burden."
The home belongs to Ricardo and Imelda Montiel of Cary, but the couple was leasing it to their son, Ricardo Jr., and his friends. Ricardo Montiel Sr. declined comment Tuesday.
An attorney for his son said it is very unusual for authorities to attempt the seizure of a parent's home because of criminal allegations against a child.
"It doesn't seem fair to me, but drug laws are pretty Draconian these days," defense lawyer Michael Falconer said. "It's not so much about fairness as much as it is what's the law."
Court records indicate the home has been appraised at $184,107. If the forfeiture succeeds, Dennison said, authorities will sell the home and divide proceeds among Cary police, Illinois State Police and the state's attorney's office.
Cary police raided the home earlier this summer while investigating allegations of a brutal beating and robbery of an 18-year-old man inside the residence. Police say that during the search they found more than 200 grams of hallucinogenic psilocybin mushrooms as well as evidence of an extensive mushroom-growing operation.
Montiel Jr., 26, and roommate Andrew C. Shedivy, 21, each face felony drug charges including criminal drug conspiracy, possession of psilocybin with intent to deliver and manufacture of psilocybin within 1,000 feet of a school. If found guilty, they could be sentenced to six to 30 years in prison.
A third man charged, Kevin R. Turner, 20, of Elgin, remains at large.
The search came after an 18-year-old man told police he was lured to the home in May, robbed, beaten with a baseball bat, burned with a heated metal object and locked in a dog cage. The incident, authorities said, stemmed from a drug-related dispute.
Court records support Falconer's contention that such seizures are rare, at least in McHenry County. Since 1997, the county has never tried to seize a home, instead focusing its efforts on vehicles and cash believed to be part of drug transactions.
Dennison, however, said he expects that to change.
"Other counties are doing this and have been doing this," he said.