Felony charge dismissed against former security guard

Prosecutors have dropped a felony charge against a Round Lake Beach man accused of holding a novelty gun to the throat of a sheriff's deputy at the Lake County courthouse, officials said Friday.

However, the misdemeanor charge of aggravated assault against a peace officer remains in place against Richard McDaniel, 46, of the 1600 block of Hickory Avenue, officials said.

The felony charge of aggravated battery against a peace officer was dropped after prosecutors said the former security guard with U.S. Security Associates did not make contact with the deputy as was originally suspected during the May 15 altercation at the Washington Street entrance of the Waukegan courthouse.

Authorities said McDaniel entered the court complex and passed successfully through a courthouse metal detector at 12:20 p.m., then displayed the novelty gun he had hidden in his waistband to the sheriff deputy.

He was immediately arrested, charged and booked into Lake County jail, authorities said.

After reviewing the surveillance video, Lake County State's Attorney Michael Nerheim said McDaniel never made contact with the deputy and, therefore, should not be charged with a felony count.

"We have carefully reviewed all of the evidence in this case, as well as a freeze-frame enhanced version of the surveillance video, which indicated that, while he came extremely close, the defendant never actually made physical contact with the deputy," Nerheim said. "The aggravated battery charge has therefore been dismissed. We believe that the evidence supports the remaining charge of aggravated assault."

Officials said the novelty gun was plastic, which is why it didn't set off the courthouse metal detector. Had the item been metal, it would have set off the detector and McDaniel would have been scanned with a wand by a security official.

U.S. Security is contracted by the county to provide checkpoint screenings at the Waukegan courthouse and various other facilities. McDaniel worked at one of the satellite courthouses, not at the Waukegan complex.

Authorities said McDaniel's employment was terminated by U.S. Security immediately after the courthouse altercation.

If found guilty of the misdemeanor charges, he could be sentenced up to 364 days in jail, officials said. He could also be sentenced to probation.

McDaniel is due back in court June 19.