Elgin man pleads guilty to sex assault, gets 16 years
A 39-year-old Elgin man was sentenced to 16 years in prison Monday after pleading guilty to sexually assaulting a woman at his apartment in May 2012 after she tried to stop him from sexually abusing a 10-year-old girl.
Jesus E. Hernandez, of the 300 block of McClure Avenue, pleaded guilty to aggravated criminal sexual assault right before a jury trial in Kane County was set to begin.
Other charges of unlawful restraint, predatory criminal sexual assault and sexual abuse of a victim younger than 13 were dismissed under the plea agreement approved by Judge Clint Hull.
According to prosecutors, Hernandez invited the victim, her children and her cousins to his home for pizza May 17, 2012.
Hernandez offered to let them spend the night at his one-bedroom apartment. All but a 10-year-old, who had dozed off earlier in the living room, slept in the bedroom.
Later that night, the victim woke up and saw Hernandez kneeling over the 10-year-old, prosecutors said.
The woman pulled Hernandez off the child and sent her to the bedroom. She briefly argued with Hernandez, who then tackled her on her way to the bedroom and raped her, prosecutors said.
The victim called police after Hernandez fell asleep.
"Mr. Hernandez's history of violence and abuse is troubling at best. Elgin is much safer with him in prison," Kane County State's Attorney Joe McMahon said.
At the time of the offense, Hernandez was on parole for violating an order of protection on a 2009 domestic battery case and also served prison time for aggravated discharge of a firearm, burglary and other offenses, prosecutors said.
Hernandez must serve 85 percent of his sentence, or about 13½ years. He also gets credit for nearly 22 months spent at the Kane County jail while the case was pending.
Hernandez also must register as a sex offender for the rest of his life.
A message left with Hernandez's defense attorney, Vincent Solano, was not immediately returned.