Woodstock man accused of hitting, injuring 3-year-old child – Shaw Local

A Woodstock man is accused of injuring a 3-year-old child, Assistant District Attorney Julio Cantre said Tuesday during the man's first court appearance.

Omar Diaz-Hernandez, 20, of the 700 block of Johns Road, is charged with aggravated assault on a child under 13, a Class 3 felony, and two counts of domestic violence, according to the criminal complaint filed in McHenry County court was submitted.

The complaint states that Diaz-Hernandez struck the child “multiple times with an unknown object, resulting in severe bruising and red marks on the abdomen, center of the abdomen, sides and hips.”

Diaz-Hernandez poses a danger to the child and his mother, is a flight risk and should be held in the county jail detention center, Cantre said. He said the alleged incident occurred 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 had vomited; Diaz-Hernandez stood over him. The mother took her child to the bathroom and saw that he had bruises on his breastbone, back and hips, Cantre said.

The mother told Diaz-Hernandez she would call 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 in the backpack. However, police did not find it, Cantre said.

The prosecutor argued that he was a flight risk, saying Diaz-Hernandez was born in Mexico and has only lived in the U.S. for three years. He has “limited connections to this community.”

“If we let him go, we believe we won’t see him again,” Cantre said.

Cantre also pointed to a previous arrest and protection order the woman had filed against Diaz-Hernandez in 2023, which proved he had a “violent streak,” Cantre said.

In that case, which was dismissed Sept. 4, Diaz-Hernandez was accused of punching the woman once in the face and then punching her three times with his clenched fist, causing bruising and swelling to her face, it says of the complaint.

Deputy public defender David Giesinger argued for his conditional release. Diaz-Hernandez scored zero on the dangerousness rating, is employed and has family members who live in the county, including siblings and a niece, Giesinger said.

He also noted that when the woman asked Diaz-Hernandez to leave the apartment, he left and came back 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 didn't do anything to your baby,'” Giesinger said, also noting that “there was another adult in the house who said that.” [the child] “The state has presented no evidence that Diaz-Hernandez hit the baby; they only said the mother came home and saw bruises on him, Giesinger said. He also noted that there is no possibility , to know how old the bruises are or where they came from.

“The state and the mother are just jumping to conclusions,” Giesinger said.

Giesinger argued for his release, saying Diaz-Hernandez had not missed a court date in the 2023 case and would live with his sister in Crystal Lake. In addition, he was “absolutely ready to hand over his passport,” said Giesinger.

Judge Mark Harmon said the state had proven that Diaz-Hernandez posed a danger, but had not proven that there were no conditions to mitigate that threat or intentional escape. Harmon granted Diaz-Hernandez's conditional release. This included staying at least two miles from the woman and child's home, “not having contact with them in any way” and surrendering his passport. He was ordered not to possess any firearms. The judge also ordered Diaz-Hernandez to undergo an anger management evaluation within 21 days.

If convicted of a Class 3 felony, Diaz-Hernandez could be sentenced to probation or up to five years in prison. He is scheduled to appear in court on October 29.