Juvenile suspect identified in error

McHenry County authorities dismissed a child sex abuse charge against a Wonder Lake teen Wednesday, admitting they made a mistake charging him as an adult and disclosing his name publicly when he was no more than 14 when the alleged offense occurred.

The teen's family, however, says the admission comes a day too late, as his name and address were publicly linked to the charge in a local newspaper. The news led to threats against him at school and harassing phone calls to his home.

Making matters worse, the family said, the senior at McHenry High School's West Campus may not be able to participate in his graduation ceremonies next month because of the publicity.

"It's been horrendous. Our whole family has been ripped apart," the teen's mother said outside of court Wednesday. "Stressful doesn't even begin to describe it."

The family's attorney, Margi Worth, declined to say whether they would seek recourse against the McHenry County state's attorney or sheriff but called their actions "improper and unlawful."

"This individual was denied his right of confidentiality based on mere allegations," Worth said.

Sheriff's police arrested the 18-year-old Friday on an aggravated criminal sexual abuse charge alleging he inappropriately touched a girl under the age of 9 about four years ago. He was taken to the McHenry County jail and held until his mother posted an $8,000 bond Friday night.

Under state law, most accused of committing a crime while under the age of 17 initially must be treated as a juvenile, even if the accused is an adult when charges are filed.

In this case, the defendant was 12, according to his family, or 14, according to the charge, when the alleged abuse took place.

First Assistant McHenry County State's Attorney Thomas Carroll called the mishap "a regrettable and unfortunate mistake" by his office.

The adult charge was authorized Friday, Carroll said, by an assistant state's attorney new to the office's felony review division, which advises police how to charge cases.

"We feel badly about it and are making sure it doesn't happen again," Carroll said. "At the end of the day, human error will occur."

Undersheriff Gene Lowery, whose agency issued a news release Monday announcing the arrest, said his office also has some responsibility for disclosing the teen's name.

"If we made a mistake we'll be the first to hold ourselves accountable and extend an apology to the family," Lowery said. "It's unfortunate for this individual, and the important thing now is that we correct the situation to ensure it doesn't happen again."

Sheriff's department reports obtained through a Freedom of Information request Wednesday indicate the detective who investigated the case asked whether the teen should be treated as a juvenile before his arrest. She was told, according to the report, to proceed with it as an adult matter.

"It's apparent they were concerned about it," Lowery said. "However, they acted on the advice we were given."

The mother of the alleged victim was in court alongside the accused Wednesday. She declined to comment on the allegations but said she was upset with the way the case had been handled.

"I'm here to support him because of the way he's been treated," she said.

Contrary to the initial charges, which say the incident occurred in May 2004, the girl's mother said the allegations of sex abuse first came up about six years ago, when the accused was 12 years old. The claims resurfaced and were brought to the attention of law enforcement recently because of a dispute in her family, she said.

Although the teen currently is free of charges, prosecutors could refile the case in juvenile court.