WOODSTOCK – An Elk Grove Village man was acquitted Friday of two felony charges that he possessed and intended to distribute more than 220 grams of cocaine.
McHenry County Judge Michael Feetterer returned a not guilty verdict after the bench trial for Jose A. Galvan.
Galvan has been out on bond since his arrest in February 2014. He was facing up to 30 years in prison if convicted. Galvan and his co-defendant Juan C. Martinez were arrested in February 2014 during a traffic stop near the intersection of Route 120 and Riverside Drive in McHenry.
McHenry County Sheriff’s Office police said during the traffic stop, a sheriff’s K-9 unit indicated the presence of narcotics in the vehicle.
Feetterer said in his decision that he did not believe the state provided evidence that showed Galvan knew or could have known that there was cocaine in his vehicle.
Deputies searched the vehicle and found more than 220 grams of cocaine in the backseat.
Galvan and Martinez each were charged with a Class X felony of unlawful delivery of a controlled substance and a Class 1 felony of unlawful possession of a controlled substance.
Assistant State’s Attorney Mary Ann Scholl argued that Galvan was aware of the cocaine that Martinez brought into his vehicle in a black shopping bag and that it was intended to be sold based on the quantity.
Vincent A. Luisi Jr., Galvan’s attorney, said the state did not prove beyond a reasonable doubt that Galvan was aware of the contents of the shopping bag.
Martinez pleaded guilty last year to unlawful delivery of a controlled substance and is serving a nine-year prison sentence.