2 men accused of selling fentanyl-laced cocaine to informant ask for release from McHenry County jail

Two men accused of selling more than 25 grams of fentanyl-laced cocaine twice in May to an undercover informant are seeking pretrial release from the McHenry County jail.

Ivan Ruiz, 36, of Cicero is charged with unlawful possession as well as manufacturing and delivering 15 to 100 grams each of fentanyl and cocaine, Class X felonies, according to the indictment in McHenry County court. Ruiz made his initial court appearance Jan. 30 before Judge Cynthia Lamb, where he was denied pretrial release, records show.

Saying that he is a “real and present threat” to the community, Lamb wrote “proof is evident and presumption great” that Ruiz committed the alleged crimes.

Ruiz “traveled a considerable distance to accomplish these sales in which he sold in excess of 25 grams in each transaction,” Lamb wrote in her ruling to detain him in the county jail.

Ruiz is charged along with Jorge Barajas Jr., 43, of Chicago Ridge, who also is detained in the county jail, court records show.

Conviction on a Class X felony carries a prison term up to 30 years.

Ruiz’s attorney, Robert Ritacca, filed a motion arguing for Ruiz’s pretrial release. Ritacca said the state failed at the initial hearing to prove “by clear and convincing evidence” that Ruiz committed the detainable offenses, that he is a threat to the community, or that he would not appear at future court dates.

Ritacca said Ruiz has no criminal history, that the state provided “no testimony that Ruiz is anything more than a passenger in the vehicle” during the arranged deals with the informant, and the “drugs were delivered by” the other defendant.

Ruiz is due in court Feb. 28.

Barajas’ attorney, Paul Sheils, also filed a motion seeking Barajas’ pretrial release.

Barajas “has never been in jail before and has never before faced criminal charges, nor has [he] failed to appear promptly” for court hearings, Sheils wrote, adding that Barajas “is attending Celebrate Recovery classes, has earned education certificates, has attended AA meetings in jail and is committed to future abstinence from alcohol and drugs for life.”