Judge Won't Raise Bond for Former Deputy Fire Chief Accused of Attempted Murder, Rape
Prosecutors asked Judge Peter Felice to raise or revoke the $150,000 bond given to former Chicago Ridge Deputy Fire Chief Gary Swiercz, 49, who is accused of the attempted rape and murder of his Tinley Park neighbor.
A Cook County judge denied prosecutors' motion Tuesday, Jan. 8, to raise or revoke bail for the former Chicago Ridge deputy fire chief accused of the attempted rape and murder of his Tinley Park neighbor.
Judge Peter Felice say he didn't see a reason to change the order of Judge Adam Donal Bourgeouis who gave Gary Swiercz, 49, a $150,000 bond during a hearing on Sunday. Swiercz has since posted bond and was released on electronic monitoring.
Swiercz doesn't have a criminal background, except a domestic violence case that was dismissed 16 years ago, Felice noted, and the defendant has voluntarily moved out of his Tinley Park condo to stay with relatives in Worth.
Swiercz, who was earlier placed on indefinite leave from his position as deputy fire chief with the Chicago Ridge Fire Department apparently put in for retirement on Monday, is accused of wearing a ski mask when he allegedly broke in to his neighbor's apartment in the early morning hours of Jan. 5. He was reportedly carrying a knife, rope, zip ties and duct tape. Prosecutors said in previous reports that Swiercz put a knife to the victim's throat and then tried to sexually assault her. They said he left the apartment after a scuffle with the woman.
On Tuesday, Assistant State's Attorney Amari Dawson asked Felice for a no bond order or to increase the bond with special conditions.
Presenting a summary of the alleged incident, Dawson said the victim smelled alcohol on the intruder. She also said Swiercz had admitted to police after he was read his Miranda rights that he had entered the woman's apartment with the knife and "realized in the middle of it" that he was a public servant and "shouldn't be doing it," which is why he fled. Dawson mentioned the existence of other evidence but she said didn't want to share it at the time.
Dawson said Swiercz poses "a real and proven threat" to the public. She told the judge Swiercz and the neighbor only knew each other in passing.
However, Swiercz's attorney, Colleen McSweeney-Moore balked at the request, and pointed out that Swiercz has had no contact with the victim since the alleged incident and that he is a civil servant who was honorably discharged after six years in the U.S. Army.
"In less than 48 hours, a judge not only heard the proffer made by the state, he also heard the mounds of mitigation," McSweeney-Moore told Felice. "Since then, absolutely nothing in the evidence has changed."
Felice apparently agreed with the defense, but did grant the state some of the special conditions requested. Swiercz will have to surrender his passport, any firearms, his firearm identification card and is to have absolutely no contact with the victim.
He is scheduled to be back in court to be formally charged on Feb. 7.
McSweeney-Moore has said in previous interviews that prescription drugs may have played a role in the alleged incident but declined to comment further after Tuesday's hearing.
concerned
1:21 pm on Tuesday, January 8, 2013
Supposedly this guy retired from the Chicago Ridge department today. Now he will draw a nice pension off of us tax payers after watching porn in the firehouse for years and turning into a deviate.
TPResident
5:47 pm on Tuesday, January 8, 2013
Concerned,
I hope that you are not making a general statement about firemen watching porn in firehouses. A few bad apples have spoiled the bunch like this situation here. This man is an embarrassment to the men and women who put their lives on the line everyday, even when civilians think they don't do anything all day long. They are on call, at your service, for that 24 hour shift. When situations like this arise, people have no problem calling firefighters lazy or other names, until someone loses their life doing a job they love. I'm pretty sure you would be singing a different tune if they (god forbid) have to save a loved one of yours or your house from being completely demolished.
Kris
1:48 pm on Tuesday, January 8, 2013
Couldn't of said it any better than that...How horrible to let this guy out on bail!
Baba Wawa
2:47 pm on Tuesday, January 8, 2013
He let himself out on bond. He posted the required 10%.
kindofsmart
2:29 pm on Tuesday, January 8, 2013
Another uninformed idiot taxpayer. He will lose his pension once convicted of a felony.
Rusty Shackelford
9:56 pm on Tuesday, January 8, 2013
No, he will not lose his pension if convicted of a felony. The felony would have to be directly related to his official duties in order to lose his pension.
BIKERX
8:57 am on Wednesday, January 9, 2013
Before you call someone an idiot, be sure that you have a clue...you are incorrect.
Nimbus
2:39 pm on Tuesday, January 8, 2013
What if he returns to finish the job??? Then we will be left w one poor dead victim & everyone asking why, after such a heinous act, was he even given a bond!
Baba Wawa
2:48 pm on Tuesday, January 8, 2013
Oh yeah. That's definitely going to happen.
Sara
10:35 am on Wednesday, January 9, 2013
I don't think anyone has been killed. It doesn't say he murdered his victim
bryan
3:42 pm on Tuesday, January 8, 2013
He won't be charged until Feb 7th. if he is retired before then does it then mean that he wasn't employed by the fire repayment at the time he was charged? If so does that mean he won't lose his pension?
Mary Carumba
4:12 pm on Tuesday, January 8, 2013
Good point bryan. I bet that's why he retired today.
Steve
5:23 pm on Tuesday, January 8, 2013
As a fireman he would have a key to the Knox Box which would give him a key to the womans unit, if this is the case his pension might go out the window?
john bruno
6:24 pm on Tuesday, January 8, 2013
That is not necessarily true....up to the local pension board...in this case he committed the crime on his own time and it had nothing to do with his job. I wouldn't pull his pension.
Patty
5:49 am on Friday, January 11, 2013
He wouldn't have a key to the box in Tinley since he worked in Chicago Ridge.
john bruno
6:25 pm on Tuesday, January 8, 2013
Bryan.....It is not when you were charged with the ultimate crime but rather the date of the crime that matters.
John Paul
6:37 pm on Tuesday, January 8, 2013
Even if this guy wasn't an accused sex offender, how the heck can he retire when he's only 49 years old? He'll get a trial on the sex charge and either go free or go to prison, but does anyone still wonder why the state's pension system is a disaster??
Rusty Shackelford
9:57 pm on Tuesday, January 8, 2013
Not a state pension.
Jon Georgis
8:02 am on Wednesday, January 9, 2013
Do the facts of this case leave anyone else scratching their heads? Something doesn't add up.
paul cervenka
8:52 am on Wednesday, January 9, 2013
More evidence that this system is broken. The lack of commitment to the profession in this occupation is alarming. Another example of adult men making really stupid decisions. He through away his credibility, his job, his ethics, and his future. For what? I wish that women had been a trained law enforcement officer. This fool might have a real fight on his hands. Another tough guy hero firefighter disgraced. He terrorized a women. That makes him a terrorist. Treat him like one. I feel bad for the REAL professionals. Extremely bad management runs this occupation. It needs a ton of oversight it presently, does not have.
Mary Carumba
8:56 am on Wednesday, January 9, 2013
Hopefully they check his DNA to see if he's involved in any other assaults. I hope his mama feels secure with him in her house. She could be next!
Sara
10:37 am on Wednesday, January 9, 2013
Did anyone else notice that his reasoning was "He's a civil servant and shouldn't be doing this"? So if he wasn't a civil servant it would have been OK to break into someone's home and sexually assault them?
Mary Carumba
10:48 am on Wednesday, January 9, 2013
Remember these judges names next time they're up for election:
Judge Peter Felice say he didn't see a reason to change the order of Judge Adam Donal Bourgeouis who gave Gary Swiercz, 49, a $150,000 bond during a hearing on Sunday.
News
1:10 pm on Wednesday, January 9, 2013
My guess is that he received a low bond because he has a former 5th district judge representing him. She just retired this past year. I don't think it's right that she presided over cases like these in the past and now she defends them in court.
Baba Wawa
3:13 pm on Wednesday, January 9, 2013
Mary, please. You won't remember their names five minutes after reading this. And Judge Bourgeouis is an associate judge and he doesn't have to run for retention.
Baba Wawa
3:17 pm on Wednesday, January 9, 2013
News,
Here's some news for you. Just because a judge retires doesn't preclude them from practicing law. LOTS of judges have retired from the bench and they practice law as a private defense attorney.
And another shocker: Prosecutors have left the State's Attorney's Office and become -- gasp -- criminal defense attorneys. Yes, the very people they sought to put in jail they are now fighting to keep them out of jail.
Get over it; stop whining.
Joanne
8:28 pm on Wednesday, January 9, 2013
Who is going to post his bond? $150,000 ? That's only $15,000 right? Excuse me but its been awhile since Ive been arrested.Why does he even get bail? huh?
concerned
10:50 am on Wednesday, January 9, 2013
Don't be so sure that this is the first time this guy has done something like this.,
Dm
10:58 am on Wednesday, January 9, 2013
Sounds like he was trying to fulfill a sexual fantasy. Fat ugly guy living alone watching to much criminal minds, SVU, Law & Order or whatever junk on TV. When she tried to get away from him, then he tried to kill her by banging her head off the kitchen floor.
Sara
3:23 pm on Wednesday, January 9, 2013
I think they are going with the 'prescription drug made me do it' case. If that is the case, they should ban whatever he's taking if it causes people to want to commit rape and murder as a side effect
Tim Krol
6:12 pm on Wednesday, January 9, 2013
I will surely rest easier knowing that an attempted rapist/murder is now just a mile away from me. $150,000 bail - $15,000 put up by him---he should be in prison !!!
Joanne
8:20 pm on Wednesday, January 9, 2013
I'm thinking this guy can kiss his ass goodbye ,one way or the other.
Joanne
8:16 pm on Wednesday, January 9, 2013
Your Honor. You must keep this swarmmy rodent in Jail as long as you can until we can determine if he has, done some other crimes before this is crazy act of predetor violence.Im sure this isnt his first or last .respectfully yours.
john doe
12:52 am on Thursday, January 10, 2013
15G bond. Man this judge is great. I think he most think its ok what he has done but knows if he just lets him walk with nothin he would be screwed. People should not take shots at other fireman for this. Fireman are real heros them and soilders. This guy should never been a fireman. Already blaming it on the meds...thats great. Fat lard waist of space. He thinks it was wrong mabey because hes a public servant. So hes saying if he wast it would be ok. Well the judge agrees obviously. The judge thinks it was only a little wrong what he did. What a joke that judge is. I bet the women in his family are proud of him.
john doe
1:08 am on Thursday, January 10, 2013
A story for nancy grace even though i hate her. But the people involved would get the attention they must want. I would never let this guy change how i so respect fireman. The guy in above post disrespecting fireman is an idiot. Just like tp resident said...until you need them rihgt? You dont label cops also do you? Just cause a few bad ones? Hope not but if you do i hope either of the two are not there when u need them.
rhonda barr
6:06 am on Thursday, January 10, 2013
This guy should be put away as soon as possible. A disgrace to all fireman. This guy is currently living with his parents and my yard is connected to them. I see him everyday through my window and I am sick to my stomach over this. Trust me from what I can see he has no remorse for his actions. He is getting special treatment because of his job and this treatment needs to be stopped. There is no medication in the world that would make him do this unless he was on bath salts
Patty
6:50 pm on Thursday, January 10, 2013
A lot of holes in this story, and everybody is quick to condemn. Don't believe the media all the time, you are getting about 10% of the truth. As for rhonda, how do you know he has no remorse? Have you talked to him personally? I don't know the guy, but I do know that the details that have come out so far, it doesn't make much sense. Tinley Park police said he was wearing black make up around his eye, yet there is none evident in his mug shot. I highly doubt they let him take a shower before taking a mug shot, and let's face it, as most ladies know, black make up doesn't easily come up with a little water. I'd like to see the facts of the situation before I come to any conclusions. Also, she went running upstairs to his condo, because she knew he was a fireman? Hmmmm.... I would think one would call 911 first, but if not, I would think one would knock on the first neighbor's door they came across. Sounds like a lover's quarrel gone bad to me. My opinion, of course.
One of the Neighbors
11:17 am on Sunday, May 12, 2013
Maybe if this troubled you so much, you probably should stop talking to his parents when you see them in their yard or at the store. Stay true to your feelings. Wondering how you can see him through the windows and judge whether or not he's remorseful?? Must have nothing else to do and have a great set of binoculars!!! Im thinking your being rather intrusive on their privacy. Maybe just knock on the door!!!
Tammy
9:49 am on Thursday, January 10, 2013
Wow people - whatever happened to innocent Until found guilty? I do not know this man but if all the FACTS come out and PROVE he is guilty then he should get the maximum sentence. 10% of 150K is 15K does anyone have that laying around? The judges are following the law and if the prosecutor wanted a higher bond or no bond they should of asked for it DURING the bond hearing NOT days after. As for his retirement you need to be 50 years old with 20 years to collect. Most fireman/police do not retire until they have 25-30 years on the job. He will lose his pension is he is convicted of a felony. Hopefully the pension board in CR will delay approval of his pension until his trial. They have that option. Please STOP disparaging firefighters. Just like you and I and the rest of the human race - they are human and do make mistakes and commit crimes. This does not mean that they are all bad... That would be like someone in your family being the bad apple and the whole family taking the blame. No one knows how remorseful he is feeling or not feeling even seeing him through a window. Unless you have regular contact with this man and his family no one truly knows and let's be decent about comments about his mother - she doesn't deserve that. No matter what the age of your child is, you will ALWAYS feel responsible and feel the need to protect them.
Sara
10:04 am on Thursday, January 10, 2013
Tammy - I think if you were the victim, you'd might think differently on the innocent part. This country may tote innocent until proven guilty but the victims are the ones that truly have to prove their innocence.
Baba Wawa
5:49 pm on Thursday, January 10, 2013
Tammy, when the bond was originally set at $150,000, that's what it was at that moment by the judge. The prosecutors could have asked for a high bond at the bond hearing and that's what the judge set.
However, bond can be revoked or increased at any time during the pendency of a case, and the fact they asked for an increase in bond a few days later is not unusual.
Patty
6:41 pm on Thursday, January 10, 2013
Well said Tammy. There are a lot of holes in this story, and let's face it, the media only tells part of the truth. I have had the media paint some of my closest friends in very bad light, because the story they told was the furthest from the truth. I do not mean to be insenstive to any victim, but I have a feeling that there is a lot more to this story. It just doesn't make sense. The part that I don't understand, why would someone that was just attacked run into anyone's home. I would think that instintively, the first thing, after the attacker left, they would call 911. I would be afraid that the attacker would be right outside my door. And Tinley Park Police said he was wearing black make up around his eyes, but yet there is no evidence of that in his mug shot. Very very strange.
One of the Neighbors
11:24 am on Sunday, May 12, 2013
well said Tammy!!!!
Tammy
10:46 am on Thursday, January 10, 2013
Make no mistake, I do feel bad for any victim of a crime. I hope she gets all the help and support she needs to get through this ordeal. I am in no way giving support to this guy, I am just stating a fact that as a whole we are so quick to find someone guilty with details being so sketchy and facts so limited that it makes you wonder if there is more to the story. Again if he is found guilty I do believe he should be given the maximum sentence.
sweet heart
12:45 pm on Thursday, January 10, 2013
You are right tamy .Way to go,
sweet heart
12:44 pm on Thursday, January 10, 2013
The worse thing that they put the picture of the woman"s condo in the south town paper now every one know"s where she lives. Okay how come they dont put in the paper when other bad thing"s happen. they do not put other people:s place where
they live in the paper, that wrong for them to do that to her. Far as that man goes
they should give him a bigger bond money/ and I,hope alonger jail time.
Tammy
7:16 pm on Thursday, January 10, 2013
Your absolutely right it could have been asked for but, I'm sure it would have been reported on the news and in the paper that the judge refused a higher bond or no bond if it was asked for at the original bond hearing. That little piece would have made headline due to the fact he was a DC in a fire department and possible favoritism. I am aware bond can be revoked at any time but to ask for a higher bond or revocation of bond without presenting any new evidence is ridiculous unless he violated his bond. Then the request would make sense. Maybe the Patch editor can find out what was asked for by the SA?
TheUNowen
3:32 pm on Monday, January 14, 2013
He's white, so innocent until proven guilty I say!