For the second time in a month, the Illinois Fifth District Appellate Court has overturned a White County court determination. The latest will free Darren Hays who is accused of six counts of custodial sexual misconduct and another count of official misconduct. Hays to this point had been denied pre-trial release and has remained at the Saline County Correctional facility. On Monday, a judgment by Justice McHaney was delivered reversing that court order. Justices Hackett and Clarke concurred.
In that document, the court confirms that during the months of October and November of 2025, Hays allegedly engaged in six instances of sexual penetration with said victim. The states evidence on the pretrial release hearing included the special agent who investigated the matter testified to his interview with the victim and review of surveillance footage that partially corroborated her statements. The defense argued that the defendant was 57, had no criminal history, and that because there were no allegations of force, only the abuse of his position of authority, and because the defendant no longer held that authority or had access to anyone he might endanger with it, he should be released. The defense also used the nearly four months Hays was “free and out amongst the public” prior to his arrest as evidence he didn’t pose a threat to anyone.
Judge Jonathan Braden of Cumberland County is overseeing the trial in White County. Hays is represented by Troy Parrish and also Caleb Cross who filed the appeal. Gallatin County States Attorney Doug Dhyrkopp is the special prosecutor. Hays’ next pre-trial hearing is scheduled for August 27th with a jury pre-trial scheduled for October 20th.