A Will County judge has dropped his call for a special prosecutor to look into the release of a defendant from custody, according to the Will County sheriff’s office.
Earlier this month, Will County Judge David Carlson called for a special prosecutor to look into why Leroy Devine, 34, wasn’t taken into custody Dec. 1 after the judge ordered him held.
Carlson said Thursday he will not seek a special prosecutor in the case, according to Will County Court records.
Devine was transported from the Grundy County Jail and booked into the Will County jail Dec. 20, Will County sheriff spokeswoman Kathy Hoffmeyer said Friday.
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Hoffmeyer said Devine appeared in court Thursday and was released on a pretrial release order.
Devine was arraigned Dec. 1 for two cases against him: one for aggravated fleeing; and one for aggravated unlawful use of a weapon, armed habitual criminal and possession or use of a firearm by a felon.
Devine’s attorney, Charles Bertz, declined to comment Friday.
He was ordered released Oct. 10 on the aggravated fleeing charges, but was still to be held on the other charges, according to Will County Circuit Court records online. Bretz previously said he informed the court Oct. 25 that Devine was released “in error,” but that he was in a rehabilitation facility receiving treatment.
Bretz said Devine appeared voluntarily for the arraignment Dec. 1, and pleaded not guilty to the charges against him. Carlson ordered Devine to be held in custody after his arraignment, but Devine wasn’t taken into custody then, Bretz said.
When Bretz informed the judge Dec. 5 that Devine wasn’t in custody, Carlson ordered Will County Sheriff Mike Kelley and Will County State’s Attorney James Glasgow to come to his courtroom to explain why, but only representatives of the state’s attorney’s office responded.
Devine, of Shorewood, was charged Oct. 6 with aggravated unlawful use of a weapon and obstructing a police officer. After arresting him, officers learned he had an Oct. 4 Will County warrant issued by Joliet police for aggravated fleeing and eluding a police officer, according to a Joliet police news release.
Police said officers on patrol at 12:02 a.m. Oct. 6 in the 100 block of Lois Place saw a Toyota Corolla parked in a lot with people inside. As officers approached, Devine ran from the car, tripping on a curb and dropping a gun, according to the release.
Hoffmeyer said Devine was in custody from Oct. 6 to Oct. 10, when he was released on a pretrial order.