By JOSEPH G. LARIOSA
(© 2017 Journal GlobaLinks)
CHICAGO (JGL) — Judge Donald M. Tegeler, Jr. of the Kane County Circuit Court Judicial Center in St. Charles, Illinois had dismissed the motion to reconsider the sentence
of Filipino American Noel F. Buhay, paving the way for Buhay’s second trial for sexual assault on Feb. 26 next year.
Buhay, 50, of Sugar Grove, Illinois, was earlier sentenced by Judge Tegeler to 45 years’ imprisonment in the Illinois Department of Corrections after being found guilty of three counts of predatory criminal sexual assault of a child, each a Class X felony.
He was convicted of sexually assaulting a foster child, who was living with his family.
During a pre-trial hearing last Thursday, Aug. 24, the Philippine-born Mr. Buhay asked the judge to reconsider his sentence because “it is excessive, that he has no criminal history, that he complied with all terms of bond before the case went to trial, that the court failed to take into account his rehabilitative potential and has led an otherwise productive and law-abiding life,” according to Christopher Nelson, Public Information Officer of the Kane County State’s Attorney’s Office.
In the pending case, Buhay, who was making $100,000 a year in his job as an Information Technology (IT) professional, was charged by the Grand Jury with 27 counts of predatory criminal sexual assault of a child and other related offenses against a second victim for the crime that was committed between Dec. 8, 2005 and Dec. 8, 2008.
If convicted of the most serious offense, Buhay could face a mandatory minimum additional sentence of 165 years in prison.
VICTIM NOW 38 YEARS OLD
In the pending case, Buhay is accused of committing the offense of predatory criminal sexual assault of a child, who was under 13 years old when the act was committed by placing his mouth on the penis of “J.H,” who is now 38 years of age.
Buhay is also accused of aggravated criminal sexual abuse for committing “an act of sexual conduct with J.H. for the purpose of sexual gratification or arousal of the victim or defendant” and indecent solicitation of a child.
Bail is set in the amount of $250,000.
In the previous case, Kane County prosecutors presented evidence that between Jan. 2004 and May 2004, Buhay repeatedly sexually assaulted the victim. The victim, a foster child living with Buhay’s family, was younger than 12 years old at the time of the assaults, which occurred in Buhay’s home.
Buhay had faced a sentence of between 18 and 90 years’ imprisonment.
In addition to the prison term, Buhay must register for life as a sexual offender in accordance with the Illinois Sexual Offender Registration Act.
Judge Tegeler ordered Buhay to pay the victim $35,000 in restitution.
According to Illinois Law, Buhay must serve at least 85 percent of the sentence. He received credit for 90 days served in the Kane County jail.
The case was investigated by the Illinois Department of Child and Family Services and the Kane County Child Advocacy Center.
“Although time does not erase a victims’ pain, time did not silence our search for justice. I’m thankful this victim came forward and confronted the abuser. This victim’s pursuit for closure also ended Mr. Buhay’s ability to victimize more children,” Kane County State’s Attorney Joe McMahon said.
Assistant State Prosecutor Lori Schmidt said during her opening statement last March, “The boy, who hoped for a normal life complete with family vacations and stability, was taken advantage of by Buhay, who saw the child as a ‘perfect victim,’ who was placed under the care of Buhay and his wife by the Illinois Department of Children and Family in early 2004.