BATAVIA – A North Aurora man who was charged with phone harassment of a Batavia woman, now also faces a felony charge related to making obscene proposals via telephone which violated the terms of his bail, records show.
Mitchell S. Flores, 34, of the 1100 block of Kilbery Lane, North Aurora, was charged Nov. 18 and Nov. 22 with phone harassment with no conversation, with making numerous phone calls with the intent to abuse, threaten or harass, repeatedly calling a phone with the intent to harass and making a obscene comment with the intent to offend, according to the charging documents, all misdemeanors.
According to the felony charging documents, Flores called the woman on Nov. 22 and made an obscene suggestion in violation of the conditions of his bail, which state he is not to have any contact with the victim or her family. He was also charged with another count of misdemeanor phone harassment for a total of seven, all misdemeanors.
For the new charges, Flores’ bond was set at $30,000 for the felony charge. He would have to post $3,000 or 10% as bail in order to be released.
As of Monday evening, Flores was being held in the Kane County jail, records show.
Electronic harassment is a Class 4 felony, punishable by one to three years in prison and fines up to $25,000 if convicted.
The other seven charges are Class B misdemeanors, punishable by up to 180 days in jail and fines of up to $1,500 on each, if convicted.
A previous court date of Dec. 10 was canceled. Instead, Flores is scheduled to appear in court on Wednesday for the misdemeanor charges and the felony charge, records show.
Other court records show that the woman, his former fiancee, filed court papers Nov. 12. seeking an order of protection from Flores and to deny him parenting time with their 2-year-old child.
The couple, who dated for eight years, have been separated for two years, records show.
By the end of July, Flores called and texted the woman over 300 times, according to her petition. When she called police, they advised her to get an order of protection.
She went to Prairie State Legal Services, but they advised her not to pursue an order of protection because Flores would be seen more as a bother than a threat, according to her petition.
On Nov. 10, she went to police for the third time since July, as Flores had been sending her screen shots of her and a current boyfriend's Facebook pages, according to the petition.
Flores stated that he knows where her boyfriend lives and he would go talk to him, according to the petition.
The woman’s petition also seeks not to have the child removed from her care and that Flores communicate with her through Talking Parents – a co-parenting communication tool – and only about matters regarding the child.
The petition also asks for all communication through Talking Parents must be non-abusive, non-harassing and non-threatening in nature.
Kane County Circuit Judge John Dalton ordered that Flores be served with a summons for the next court date of Dec. 3 for a hearing on the order of protection petition, according to court records.