Geneva man gets probation in sex case

A Geneva man who faced up to 60 years in prison after being charged with repeatedly molesting a young girl over a period of two years, was released from jail Thursday and given probation.

Luis Hernandez, 43, of the 700 block of Samantha Circle, was initially charged with 14 felonies, including predatory criminal sexual assault of a child and aggravated criminal sexual abuse.

The most serious of these charges carried a sentence of up to 30 years in prison, but prosecutors said Hernandez could be eligible for an extended term because the victim was between 10 and 12 when the abuse was alleged to have occurred.

But those charges were later dropped because the victim and her mom moved away and would not testify for trial.

“We were unable to locate the victim and her mother,” said Assistant State's Attorney Lori Schmidt. “At least he's going to get sex offender probation and treatment.”

Hernandez pleaded guilty in October to obstructing justice for threatening the victim's mom, a felony punishable by up to three years in prison.

Thursday he was sentenced to two years of sex offender probation and given credit for 247 days he spent in jail while being held on $1 million bail. He does not have to register as a sex offender, but if he violates probation, he could be resentenced to up to three years in prison.

Defense attorney Richard Irvin could not be reached for comment.

According to court records, Hernandez was convicted of misdemeanor domestic battery in Geneva in 2005 and was sentenced to a year of probation.