Cops: Elgin man tried to solicit child outside school

Police are crediting a quick-thinking resident for the arrest of 33-year-old Elgin man outside Channing Elementary School on a charge of attempted indecent solicitation of a child.

Daniel L. Dawson was released from prison last month and ordered to attend sex offender counseling after trying to lure an 8-year-old girl into the men's bathroom at Elgin's Wing Park in 2003.

Dawson, who lives in the 1300 block of Meyer Street, is free on bond until his next court date on Nov. 13 in Elgin.

Police arrested him around 1 p.m. Monday.

Deputy Police Chief Jeffrey Swoboda said a woman walking by Channing School, 63 Channing St., called police after she became suspicious of Dawson hanging around outside the school asking when students were to be dismissed for the day.

Swoboda said officers found Dawson at South Channing and Prairie streets.

"He gave us some inconsistent information about why he was in the area," Swoboda said. "The investigation led officers to believe he was attempting to solicit a child. There were no children actually solicited. This is due to the presence of mind of the witness who realized something wasn't right and called police."

After the arrest, Deputy Police Chief Cecil Smith said police called the Kane County State's Attorney's office to request a felony charge of attempted aggravated criminal sexual abuse of a child, a crime that carries up to three to seven years in prison if convicted.

A misdemeanor charge of attempted indecent solicitation of a child was authorized instead. The maximum penalty upon conviction is 364 days in jail.

Jody Gleason, first assistant state's attorney, said she could not comment on the specifics of the case but said charges can't be upgraded because of a person's past record.

"We can only charge what the evidence shows," Gleason said, adding the office would review the charges of Elgin police requested it.

Charges could be upgraded in the future. That was the case of when Dawson was arrested in 2003, according to court records.

Dawson was charged with misdemeanor disorderly conduct on July 2, 2003. He was accused of trying to lure an 8-year-old girl into the men's bathroom at the Wing Park golf course, records show.

The charges were upgraded to felony child abduction and he eventually pleaded guilty in March 2005 to aggravated battery, a felony, and sentenced to 24 months sex offender probation and fined $600.

Before the plea deal, Dawson's attorney tried throw out evidence. "The defendant did not understand his (Miranda) rights due to the fact the defendant is borderline retarded," Dawson's attorney argued in a motion filed in November 2004.

Records show Dawson was sentenced to two years in prison in April 2008 after violating his probation by not completing sex offender counseling and testing positive for marijuana in May 2007.

Januari Smith, spokeswoman for the Illinois Department of Corrections, said Dawson was in prison from April 10, 2008, through Oct. 7, 2008, before being paroled. He also was back behind bars from Aug. 5, 2009, through Sept. 18, 2009, for a parole violation, she said.

Dawson's attorney, Don Zuelke, did not immediately respond to messages.

A man who answered the phone at Dawson's home and identified himself as Dawson's father called the arrest "very sad" and said Daniel Dawson went to at least three sex offender counseling sessions.

"After months of counseling, it doesn't seem like it did any good," he said.