Bond stays at $1 million for Harvard man accused of firing gun near Woodstock Square

A McHenry County judge denied reducing a $1 million bond Tuesday for a Harvard man accused of shooting a pistol at someone in Woodstock, a day after being released from county jail on weapons-related charges.

“I do find he does pose a danger to a specific individual as well as the community at large,” Judge Tiffany Davis said of Erick Gomez-Rubi, 23.

Gomez-Rubi is charged with aggravated discharge of a firearm in the direction of another person or occupied vehicle, a Class 1 felony, occurring on June 29 near the Woodstock Square. He is also charged with reckless discharge of a firearm, aggravated unlawful use of a weapon – loaded firearm on person without a firearm owner’s identification card, aggravated unlawful use of a weapon, and unlawful use of weapons – and firearms in vehicle or concealed, according to the criminal complaint filed in the McHenry County courthouse.

In order to be released from jail, Gomez-Rubi must post the required 10% of his bond, or $100,000.

His attorney, Brian Stevens, said his family, who was present in the courtroom Tuesday, could post just $5,000 which would be 10% of a $50,000 bond.

Stevens said Gomez-Rubi, who has lived in Harvard for 14 years, is not a flight risk. He has a job and ties to the community, transportation to and from the courthouse and would surrender his passport.

He also said if he made bond and was released he would adhere to a curfew, have no contact with any gang members, and refrain from consuming alcohol.

But Assistant State’s Attorney Maria Marek argued that on June 29, while out on bond on a felony charge from two days earlier, he hit a person in the head with a pistol then shot the pistol in the direction of other people.

He then fled to his Harvard home where police encountered a six-hour standoff before taking him into custody. All the while someone was inside the home screaming, she said.

Stevens said there is no mention in the complaint of Gomez-Rubi hitting someone with a gun and he challenged whether he actually had a gun that night.

Noting the lack of description of a pistol in the criminal complaint, he said he does not believe the police have a pistol in evidence.

“[It] shows no firearm was located,” he said. “[There is] a hole in the state’s case.”

The Woodstock Police Department detective assigned to the case was not available for comment Tuesday.

On the earlier case, Gomez-Rubi was charged with aggravated unlawful use of a weapon and possession with intent to deliver 40 to 500 grams of marijuana, as well as misdemeanor charges of aggravated assault on public property and disorderly conduct, according to court documents.

Marek told Davis in this case he is accused of pointing a gun at a woman and saying “I will kill you, [expletive].”

“These are very concerning charges,” Marek said, calling Gomez-Rubi “a severe danger to the community.”

About 10:45 p.m. June 29, police were called to the 200 block of North Benton Street in response to an “altercation between two individuals that involved a firearm,” according to a news release from the Woodstock Police Department.

A verbal altercation had escalated to the point that Gomez-Rubi allegedly pointed a handgun at another person, police said.

According to the criminal complaint, he “discharged a firearm toward [a woman] and other bystanders, placing them in danger of great bodily harm” while in the road near the Woodstock Square.

He then ran to a parked car and drove to the intersection of North Benton and East Judd streets, where he reengaged with the same person and fired off a single shot from the handgun, police said.

Gomez-Rubi is due in court for preliminary hearing Aug. 10.