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A 28-year-old man from Chicago was charged with Aggravated Assault to a Police Officer after an encounter he had with Des Plaines police on Jan. 15 at 12:46 a.m.
According to reports, Des Plaines officers were on patrol in the 1100 block of Lee Street when a vehicle was seen traveling south on Lee Street near Walnut Avenue with one headlight. The officer pulled behind the vehicle, a Toyota Corolla, and activated his overhead emergency lights. The vehicle pulled over and as the officer approached the driver’s side, he spoke with Estuardo Hernandez of 4519 N. Kimball Ave. in Chicago.
Hernandez provided an officer with an insurance card for the vehicle but was only able to give the officer his Illinois ID card and not his actual driver’s license stating that he did not have it with him at the time, according to reports. As the officer and Hernandez spoke, the officer allegedly detected a strong odor of an alcoholic beverage emitting from the suspect. Hernandez denied consuming alcohol when asked by the officer. However, a back-up officer reported that he observed an open bottle of alcohol on the passenger-side floorboard. The officer also noted damage to the rear bumper of the vehicle and when Hernandez was asked about when it occurred, he allegedly gave two different timelines.
Considering the odor of alcohol and the open bottle, the officer suspected that the damage could possibly have been caused by him being intoxicated and advised Hernandez that he did not appear safe to drive. Police said that Hernandez became angry and yelled expletives at the officers.
At that point, he was asked to exit the vehicle, which he did, however, he allegedly continued to yell at the officers. Reports added that he stepped close to one of the officers and hit the hood of his own vehicle multiple times. The officers said they attempted to de-escalate Hernandez, but he continued to be aggressive and then allegedly threatened to harm one of the officers. Hernandez, added reports, clenched his fists and took a fighting stance while moving towards one of the officers. Reports said that the officer believed he was going to be struck by Hernandez if he did not take action.
At that time, Hernandez was taken into custody and escorted to the squad car where he started pushing and pulling his arms from the officers in an attempt to prevent the officers from seating him in the car, reports said. Eventually, Hernandez was placed in a squad and transported to the downtown Des Plaines police station.
Police said a search of his vehicle yielded a small plastic bag with a white powdery substance in it on the passenger floorboard, suspected to be cocaine. Once at the station, Hernandez, said police, refused to speak with officers and continuously swore at them in response to questions. However, while yelling, he allegedly admitted to consuming alcohol prior to driving. The white powdery substance was tested positive for the probable presence of cocaine, police added.. The Cook County State’s Attorney’s office was contacted and felony charges were approved. Hernandez was subsequently arrested for one felony count each of Aggravated Assault to a Peace Officer and the Possession of a Controlled Substance; one misdemeanor count each of Resisting a Peace Officer and Driving Under the Influence of Alcohol; ticketed for Improper Lane Usage, Unsafe Vehicle Equipment, Headlight Violation, Illegal Transportation or Possession of Alcoholic Liquor by a Driver, and Failure to Carry/Display Driver’s License. He was cited and released with his court information.
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