Silver Cross Carjacker Poses Flight Risk, Threat After Running Over Man, 80: Prosecutors

NEW LENOX, IL — A homeless man arrested in the carjacking and battery of an 80-year-old Manhattan man outside Silver Cross Hospital last week should remain in jail until his trial, prosecutors argue.

In a petition to deny pre-trial release, prosecutors said that Kyle Sears, who was taken into custody Oct. 25 in Grundy County, poses a flight risk, citing his previous criminal history, drug use and failures to appear in court.

Sears, 35, is accused of jumping into the driver's seat of a van as a recently discharged patient was being helped into the passenger seat. The patient, identified by family as Manhattan resident Andrew Horwath, was pushed out of the vehicle and run over as Sears stole the car, police said. Horwath suffered a broken femur and injuries to his hip, family said in a GoFundMe. He remains hospitalized at Loyola University Medical Center and will face a lengthy recovery and rehabilitation.

Police say Sears fled and abandoned the car in Joliet, before being taken into custody Friday morning in Grundy County. He was charged with aggravated hijacking, vehicular hijacking, vehicular invasion, possession of a stolen motor vehicle and aggravated battery.

Court documents state that Sears had been a patient at Silver Oaks Behavioral Hospital, where he had been attempting to detox from heroin for two days. In withdrawal, he checked himself out of the facility.

According to the prosecutors' petition, after he unsuccessfully made several calls trying to get a ride, Sears spotted the van in which Horwath was to be a passenger. Prosecutors allege Sears got in the vehicle, turned it on and demanded Horwath get out.

When the 80-year-old man did not get out, Sears is accused of starting the van and beginning to drive away. According to court documents, he told police he had driven a short distance when he stopped, and Horwath fell out of the van. He then again drove off, running over Horwath's legs, prosecutors said. Sears denied pushing Horwath out of the car, according to officials.

Prosecutors said Sears then drove to the Joliet Raising Cane's restaurant to buy drugs from his dealer. Police found the van as Sears was obtaining the drugs, and Sears hid, he told police. He was found late Friday morning in Verona in Grundy County.

Prosecutors said that there were active warrants for Sears in several felony cases. Sears reportedly has an extensive criminal history, documents show. He failed to appear in court on charges including theft, unlawful possession of a controlled substance (heroin, cocaine and fentanyl), and aggravated fleeing and eluding. Past convictions include theft, retail theft, drug possession, aggravated assault, battery and juvenile incidents involving violence and drugs, prosecutors said.

Sears "is homeless and without employment and in combination with drug addiction poses a threat to the community," prosecutors argued in the motion to deny pre-trial release. "His history shows he cannot comply with appearing in court as required and a history of drug abuse and danger to the community and the victim in this case.

"There are no less restrictive means which would ensure that defendant would comply with the law."

A preliminary hearing is set for Nov. 12. Sears' detention hearing is set for Nov. 21.