A Woodstock man is accused of bruising a 3-year-old child, Assistant State’s Attorney Julio Cantre said Tuesday during the man’s initial court appearance.
Omar Diaz-Hernandez, 20, of the 700 block of Johns Road, is charged with aggravated battery of a child younger than 13, Class 3 felony, and two counts of misdemeanor domestic battery, according to the criminal complaint filed in the McHenry County court.
The complaint alleges Diaz-Hernandez struck the child “multiple times with an unknown object causing severe bruising, red marks to the stomach, mid abdomen, sides and hips.”
Diaz-Hernandez poses a threat to the child and his mother and is a flight risk and should be detained in the county jail pretrial, Cantre said. He said the alleged incident occurred on Sunday when the child’s mother left the child alone with Diaz-Hernandez to go to work. When she returned, Cantre said, her son was in a crib, crying in a bedroom with the door closed and he had vomited; Diaz-Hernandez was standing over him. The mother took her child into the bathroom and saw he had bruises on his sternum, back and hips, Cantre said.
The mother told Diaz-Hernandez she was calling the police and he fled the apartment, Cantre said, adding that when police arrived, they also saw the child’s bruises.
The child was taken to Northwestern Medicine Huntley for his injuries, the prosecutor said. He also said the woman gave police permission to go into her apartment and told them they would find a black backpack belonging to Diaz-Hernandez. She told police they would find Diaz-Hernandez’s passport and cash inside the backpack. However, police did not find it, Cantre said.
In arguing he is a flight risk, the prosecutor said Diaz-Hernandez was born in Mexico and has been in America for just three years, saying he has “limited ties to this community.”
“If we let him leave, we believe we will not see him again,” Cantre said.
Cantre also referred to a prior arrest and order of protection the woman had taken out against Diaz-Hernandez in 2023, showing he has a “violent streak,” Cantre said.
In that case, which was dismissed on Sept. 4, Diaz-Hernandez was accused of slapping the woman once in the face then punching her with a closed fist three times causing bruising and swelling to her face, according to the complaint.
Assistant Public Defender David Giesinger argued for his release with conditions. Diaz-Hernandez scored zero on a dangerousness evaluation, has a job and family members who live in the county, including siblings and a niece, Giesinger said.
He also noted that when the woman told Diaz-Hernandez to leave the apartment, he left, and he returned when his brother called him and told him the police were there and wanted to talk to him, Giesinger said.
Diaz-Hernandez told the woman, “‘I did nothing to your baby,’” Giesinger said, also noting that “there was another adult in the house who said [the child] fell.” The state has not shown any evidence that Diaz-Hernandez struck the baby; they only said the mom came home and saw bruises on him, Giesinger said. He also noted that there is no way of knowing how old the bruises are or where they came from.
“The state and the mother are just jumping to conclusions,” Giesinger said.
In arguing for his release, Giesinger said Diaz-Hernandez did not miss any court dates during the 2023 case and will live with his sister in Crystal Lake. Additionally, he is “absolutely willing to surrender his passport,” Giesinger said.
Judge Mark Harmon said the state proved Diaz-Hernandez is a danger but did not prove there are no conditions to mitigate that threat or willful flight. Harmon granted Diaz-Hernandez’s release pretrial with conditions, including that he remain at least two miles away from the woman and child’s home, “have no contact in any way shape or form” with them and surrender his passport. He was ordered not to possess firearms. The judge also ordered Diaz-Hernandez to obtain an anger management evaluation within 21 days.
If convicted on the Class 3 felony, Diaz-Hernandez could be sentenced to probation or up to five years in prison. He is due in court Oct. 29.