OREGON – A Rockford man waived his right to a preliminary hearing Wednesday as he appeared in court for possessing a stolen vehicle following a chase through town Nov. 3.
Timothy P. Valdivia, 32, told Ogle County Judge Anthony Peska that he was representing himself and wanted to waive his right to the hearing in which a judge hears evidence from prosecutors and determines whether enough probable cause exists to proceed with criminal charges.
“Are you representing yourself,” asked Peska.
“Yes sir,” Valdivia replied as he appeared in court wearing handcuffs, shackles and an orange jumpsuit issued to Ogle County Jail inmates.
Valdivia is accused of possessing a 2018 Toyota truck, owned by a Lacrosse, Wisconsin man. He was apprehended in the truck Nov. 4 after an Oregon police officer was dispatched to 313 S. Second St. for a violation of an order of protection.
According to court documents, Valdivia was found inside the truck at 5:07 p.m. as it was parked in front of the apartment building at that address.
Oregon Patrol Officer Terry Lester said he found Valdivia sitting in the the driver’s seat of the truck with the engine running. Lester said when he called the truck’s owner, the man advised that he wanted to “pursue charges and did not give anyone consent to be in control of or drive his vehicle.”
In addition to the felony charge of possession of a stolen vehicle, Valdivia is also charged with a misdemeanor charge of violating an order of protection. In that charge, he is accused of violating the order of protection when he was within 300 feet of the address. That order of protection was issued Oct. 11 by a woman who is a resident in the building.
Lester told police she saw Valdivia sitting in the truck outside her residence. Lester said Valdivia told him he “wanted to see his daughter before he went to jail.”
Police say Valdivia was the driver of the vehicle they chased through town on Nov. 3 after it was seen traveling 66 mph in a 40 mph zone, eastbound on East Washington Street, which also is Illinois 64.
When the officer attempted to stop the vehicle in the 1200 block of South Blackhawk Road, just east of the city limits, the driver failed to stop and continued, Oregon Police Chief Matt Kalnins said in a Nov. 4 press release.
“The vehicle proceeded westbound back through Oregon, where deputies from the Ogle County Sheriff’s Department joined the efforts to stop it,” Kalnins said in the release. “The vehicle continued to evade law enforcement, eventually traveling down S. 4th St. [Illinois 2] before the driver abandoned the vehicle near Collins St. close to the railroad tracks.”
Kalnins said Oregon police officers and Ogle County deputies conducted an extensive search of the area but were unable to locate the vehicle’s driver at that time.
Valdivia is scheduled to be arraigned at 1:30 p.m. Nov. 21 on the following traffic charges: driving on a suspended license; reckless driving; speeding, 26-34 mph over the speed limit; failure to stop at an intersection; operating an uninsured motor vehicle; disregarding a traffic control device; and improper turn signal,
Valdivia first appeared in court Nov. 6 for a detention hearing. Peska denied his release and remanded him to the Ogle County Jail.
On Wednesday, Valdivia asked if he could be sentenced that day. Peska said he would have to contact the Ogle County State’s Attorney’s Office to see if a plea agreement could be reached.
Assistant State’s Attorney Matthew Leisten told Peska his office would “reach out” to Valdivia.
Leisten asked Peska to continue to deny Valdivia’s release from the jail.
Valdivia said he was not homeless and had a place to live in Oregon if he were to be released, adding that he would like to be able to put his motorcycle inside for the winter.
Peska denied Valdivia’s release and remanded him to jail.