I-80 Seizure Of $10,500 Was Graduation Gift: Woman

JOLIET, IL - On Jan. 13, Will County Sheriff's Deputy Michael Kane was running radar on Interstate 80 in Troy Township when he clocked an eastbound silver Volvo S40 with Indiana plates going 83 mph in a 70 mph zone, court records show. Kane turned on his emergency lights. He stopped the car near I-80 and Houbolt Road in Joliet. Three men were in the car, the driver was Diego Hernandez. The passengers were Oscar Delatorre and Steven Hunter, court records show.

The passengers told Will County deputies they "were coming from Peru, Illinois and not Chicago, Illinois as Diego Hernandez previously stated," court documents state. Other deputies called to the traffic stop "learned from both (passengers) that they had been smoking marijuana earlier that evening."

The three men were ordered out of the Volvo. Their car was searched and inside the front passenger compartment of the door handle pocket, court records reflect, "was loose tobacco and trace amounts of marijuana stems. It should be noted that tobacco is removed from cigars and replaced with marijuana in order to be smoked."

Next, the trunk got searched.

"Deputy Kane observed a black plastic bag inside the offset of the spare tire. Upon opening the black plastic bag, eleven rubber banded bundles of United States currency was revealed. At that time all three male (suspects) were detained and separated for questioning," court records show.

The Will County Sheriff's Department counted up the cash. It totaled $10,500, court records state.

"Hunter is a middle man in the sale of narcotics, and he directs people to other(s) when they are in search of sales or purchases of narcotics ... Deputy Kane interviewed Hernandez who claimed he had no knowledge of the currency discovered in the trunk of the Volvo he was driving and that his wife was the registered owner of the vehicle but also stated that he drives the vehicle too," court documents state.

The Will County State's Attorney's Office has asked Will County's judicial system to declare the $10,500 as forfeited funds.

Now, Hernandez's wife is contesting the $10,500 forfeiture.

"I Nichole am requesting the returning of all my money, with all of my documents proving it was legal money," Nichole Boswell of Gary, IN., wrote Will County's court this month.

Her court filing explains why she believes Will County needs to give her back her money.

"The money was savings from personal student/school loans refund, financial aid and refund and gift money from parents for being the first generation of a high school graduate and a two-time first generation of a college graduate in honoring a (sic) A.S. and B.S. degree," Boswell wrote. "The money was being used towards purchasing a new vehicle in honor of my great success and achievements this far in my life."

A court hearing on the forfeiture is set for July 11.

As of this week, Will County court records reflect, none of the three men who were questioned during the Will County traffic stop has been charged with any crimes.

RELATED: $57,000 Seized By State Police Along I-80

File image via Joliet Patch