WOODSTOCK – A single digit could wind up costing a Harvard man.
The defense attorney for 37-year-old Raul Placencia-Quintero said his client intended to send picture messages of his genitals to his wife’s cellphone, but was one number off.
Instead, a photo of his private parts was sent to the cellphone of a 10-year-old girl.
The girl’s parents told Marengo police, who charged Placencia-Quintero with obscenity. The charge is a Class A misdemeanor punishable by up to a year in the McHenry County Jail, a fine of up to $2,500 or both.
Placencia-Quintero’s case has been set for bench trial July 1, meaning it’s up to Judge Joel Berg to decide if the man acted recklessly – or that he knowingly broke the law, and therefore should be criminally punished – or if it merely was a simple mistake.
“He is one fat finger away from having dialed it correctly,” defense attorney Phillip Prossnitz said. “He was one digit off. It was a silly thing. He made a silly mistake, but it doesn’t rise to wanton or willful disregard.”
The defense will stipulate to the girl’s testimony so she can avoid the witness stand, Prossnitz said.
Of the case overall, Prossnitz had this to say: “Nothing good comes from putting a smartphone down your pants.”