DuPage County State’s Attorney Robert Berlin and Oak Brook Deputy Chief of Police Reid Foltyniewicz announced Wednesday, November 1, 2023 that charges have been filed against two individuals for allegedly stealing more than $2,800 worth of merchandise from the Oak Brook Macy’s store. Luis Mendez-Gomez, age 28, and Frank Montez-Davila, 23, both of Venezuela currently staying in Chicago, appeared at First Appearance Court Wednesday morning, November 1, 2023, where Judge Joshua Dieden denied the State’s motion to deny pre-trial release for both defendants.
Judge Joshua Dieden denied the State’s motion to deny pre-trial release for both defendants.
Both defendants were charged with one count of Burglary (Class 2 Felony) and one count of Retail Theft (Class 3 Felony). Additionally, Mendez-Gomez was cited for Misdemeanor driving without a valid driver’s license.
Oak Brook police officers were on patrol about 1:42 p.m. Tuesday, October 31, 2023 at the Oak Brook Center parking lot when they allegedly observed suspicious behavior by two individuals, who were later identified as Mendez-Gomez and Montez-Davila. They exited the Macy’s store carrying a “happy birthday” bag and a backpack containing merchandise. The pair entered a car and left the area. A short time later, officers conducted a traffic stop on the vehicle during which officers allegedly found sixteen high-end fragrances and one pair of pants with a total approximate value of $2,832.50. Following an investigation into the matter, Mendez-Gomez and Montes-Davila allegedly entered the Macy’s store together and that once inside the store, Mendez-Gomez removed the “happy birthday” bag and backpack from under his shirt. It is alleged that the pair then filled the bag and backpack with the fragrances and pants and then exited the store without paying for the items.
“With the holiday shopping season fast approaching, I want to assure the public that in DuPage County we are one hundred percent committed to protecting our retail establishments, their employees and patrons, and anyone accused of robbing, burglarizing or shoplifting from any DuPage County business will be apprehended, charged and prosecuted. According to the National Retail Federation, from 2021 to 2022, retail theft nationwide increased by approximately $16 billion to more than $112 billion. These losses not only cause significant financial hardship to businesses and their employees, but also result in higher prices for shoppers and loss of tax revenue for the entire community. I commend the Oak Brook Police Department for their work apprehending the defendants in this case, as well as for their ongoing efforts, particularly over the past week-and-one-half that resulted in arrest and filing of charges against nine individuals accused of stealing from the Oak Brook Macy’s store. I also thank Assistant State’s Attorneys Alyssa Rabulinski and Michael Pingaj for their work in securing charges against the two defendants.”
— DuPage County State’s Attorney Robert B. Berlin
“We want to thank State’s Attorney Bob Berlin and his entire staff for their continued support of the Oak Brook community. We are firm in our efforts against organized retail crime as we endlessly protect our community. We want everyone to be aware of the increase in criminal activity from the migrant community coming from Chicago. We thank you for your support.”
— Oak Brook Deputy Chief of Police Reid Foltyniewicz
Members of the public are reminded that this complaint contains only charges and is not proof of the defendants’ guilt. The defendants are presumed innocent and are entitled to a fair trial in which it is the government’s burden to prove their guilt beyond a reasonable doubt.
— DuPage County State’s Office
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Macy’s, 1 Oakbrook Center, at the southwest corner of the shopping center in Oak Brook near Route 83 and 22nd Street.
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According to Trellis.com (Joshua J. Dieden) …
Hon. Joshua J. Dieden is an associate judge for the 18th Judicial Circuit Court of Illinois in DuPage County. He was appointed to the bench by the circuit judges of the 18th Judicial Circuit in 2016, filling the vacancy created by the retirement of the Hon. Mary E. O’Connor (Ret.).
During his judicial tenure, Dieden has presided in the Traffic Division.
Prior to his appointment, Dieden was an associate at Richard A. Kayne & Associates in Naperville, having practiced there since 2006. Before that, he spent eight years as an assistant state’s attorney with the DuPage County State’s Attorney’s Office (1998 to 2006).
Dieden completed a J.D. at DePaul University College of Law in 1998.
He has served as an active member of the DuPage County Bar Association.