Tuesday, July 15, 2008

UPDATE: Officer Xavier Herrera to Remain in Custody

Two defendants-including an East Chicago, Ind., police officer-accused of conspiracy to possess and distribute three kilograms of cocaine remained in federal custody after a hearing Wednesday at the Dirksen Federal Building.

Officer Xavier Herrera, 47 was arrested on July 3 after he tried to purchase $60,000 worth of cocaine from an informant working with the U.S. Drug Enforcement Administration, according to a federal complaint. Chicago residents Juan Gutierrez, 29, and Fredrick Farmer, 34, were also arrested. Farmer was the ultimate purchaser of the drug, and Gutierrez was brokering the transaction with Herrera, according to the complaint.

At Wednesday's hearing, Magistrate Judge Susan E. Cox announced that Herrera, who was led into the courtroom in an orange jumpsuit and handcuffs with Farmer and Gutierrez, will remain in federal custody until Friday, when it will be decided whether or not he will be released on bond. Herrera's attorney, Frank Cece Jr., said the decision was not reached today because of "paperwork that has yet to be gathered."

At the time of Herrera's arrest, the officer signed a written statement admitting to his role in the drug ring, according to the complaint. However, when asked about the statement Cece replied, "The charging documents are not accurate relative to any involvement he may have had."

"He's an 18-year vet. He has several commendations, no criminal background," Cece said. "He's a good and decent guy."

The U.S. Attorney's office declined to comment on Cece's statement about the charging documents.

While Farmer also remains in federal custody after waiving his right to a detention hearing, Gutierrez was released on conditions including that he turn over his passport, enroll in a substance abuse program, relinquish any firearms and remain in northern Illinois. The news came as a relief to Gutierrez's family, who filled much of the courtroom.

"We all want him home, and hopefully we get this all behind us and move on," said Gutierrez's brother, Luis Ruiz. "Hopefully it works out for everybody," he added. "You hate to see anybody put away."

No comments: