A fugitive wanted in two states on burglary and theft warrants has gutted the exterior of his 39th-floor apartment building in Streeterville and fled through his downstairs neighbor’s unit to escape a federal fugitive task force, prosecutors say. But despite the extraordinary escape nearly 400 feet above the city streets, a Cook County judge dismissed a home invasion charge filed for entering the adjacent apartment, ruling there was no probable cause.
Carlos Guevara Diaz, 26, was taken into custody June 30 after climbing between the balconies of an apartment building in the 500 block of North McClurg Court, court records show. A U.S. Marshals Service task force had gone to his 39th-floor apartment around noon that day to arrest him on two outstanding warrants: a burglary warrant out of Evansville, Indiana, and a probation violation warrant tied to a theft case in Tampa, Florida, according to records.
Officers knocked on Guevara Diaz’s door and reported to police with a warrant for his arrest, according to an arrest report. After what the report described as a “long period of time,” a woman identified as Guevara Diaz’s wife opened the door and task force members searched the apartment. They couldn’t find him inside.
But officers stationed outside the building as part of a security perimeter saw him emerge from an emergency exit in the 400 block of East Grand Avenue, the report said. According to the report, he ran away when he saw people in police clothing approaching him. He didn’t get far.
Investigators determined that after hearing police at his door, Guevara Diaz climbed from his 39th-floor balcony to the balcony of the unit directly below and let himself into that apartment, the report said. A man living on the 38th floor told police that he returned home to find Guevara Diaz inside, wearing a maroon sweater he had taken from his closet and which had been left in disarray. According to the report, the resident took pictures of Guevara Diaz with his phone before Guevara Diaz fled.
Guevara Diaz suffered cuts to his hands and fingers during the climb and was taken to Northwestern Memorial Hospital, the report said. As he was taken to the hospital, he referred to himself as “Superman,” recalling climbing the balconies about 400 feet above street level, according to the report.
Prosecutors charged Guevara Diaz with residential burglary in connection with the break-in and asked Judge Deidre Dyer to take him into custody on that charge, along with the two out-of-state arrest warrants. Dyer granted that request.
But the burglary charge did not survive a preliminary hearing this week. Guevara Diaz’s attorney appeared before Judge Anjana Hansen on Wednesday and argued that prosecutors had to prove that he entered the adjacent unit with the intent to commit a theft, and that testimony at the hearing only showed that he tried to escape police.
A detective who responded to the property on June 30 testified at the hearing that Guevara Diaz took the resident’s sweater and that the resident took clear photos of him in the hallway before fleeing through an elevator, according to a transcript of the hearing. The detective also testified that Guevara Diaz told police he entered the neighbor’s apartment because he was afraid of police.
Hansen sided with the defense and found no probable cause to support the burglary charge.
“It seems clear to me that there was no intention to commit a theft in it, that he was trying to evade the police at the time and that putting on that sweater was probably intended to disguise himself in some way, as opposed to the intention to commit a theft,” Hansen said. “There will be a finding of no probable cause at this time.”
Hansen told Guevara Diaz that he would remain held on the two outstanding warrants, but that he would not be charged again with burglary unless prosecutors obtained a grand jury indictment.
If you’re looking for apartments, the Streeterville high-rise has Guevara Diaz’s two-bedroom apartment on the 39th floor for $5,025 per month. It is available for immediate occupancy.
This story is based on an official transcript of the court proceedings, obtained through the generosity of our subscribers.
