Left to right: Zachary Mascolo, Kevin Niemiec and Jon Clary II | DuPage County State's Attorney's Office
DUPAGE COUNTY, Ill. - Two of three former Saint Viator High School graduates accused of sexually assaulting a classmate at a graduation party last summer are due in court Wednesday for a status hearing.
Kevin Niemiec, Zachary Mascolo and Jon Clary II were three recent Saint Viator High School graduates charged with criminal sexual assault in connection with the alleged June assault.
Timeline:
According to prosecutors, the alleged assault happened inside a minivan during a graduation party in northwest suburban Roselle. Police were notified June 15, 2025, after the victim went to a friend's home and contacted her sister. Her parents then picked her up and took her to a local hospital for medical treatment.
Arrest warrants for all three suspects were issued Dec. 17. Mascolo was arrested on Dec. 21 while driving near his home, while Niemiec and Clary turned themselves in on Dec. 22 at the DuPage County Jail.
A detention order for Niemiec says prosecutors argued that there were no conditions of pretrial release that would adequately address what they described as a threat to the victim and the community.
The judge's order notes that Niemiec has no violent criminal history, but says the allegations and statements attributed to him before and after the alleged assault raised concerns about his behavior and willingness to follow court-ordered conditions.
"The defendant disclosed a desire to engage in threesomes at college, that he intends to ‘nut’ in every girl he has sex with and then the 'b****** can live with that little mf', and also stated ‘all of female kind will pay for this’, referring to the allegations in this case," the pre-trial detention order read.
The order also says he allegedly expressed a willingness to "catch a charge" after discussing restrictions on contacting the victim with a co-defendant.
The judge said those statements, along with the allegations in the case, demonstrated an inability or unwillingness to comply with conditions of release.
Niemiec was ordered committed to the custody of the DuPage County Sheriff pending trial. The judge also ordered him to have no contact or communication of any kind with the victim.
Mascolo and Clary were granted pretrial release but were ordered not to possess or consume alcohol and not to have contact with the victim or her family, prosecutors said.
What they're saying:
In December, DuPage County State's Attorney Robert Berlin called the allegations "extremely serious" and said the victim and her family should receive the support they need.
"It is alleged that Mr. Clary, Mr. Mascolo and Mr. Niemiec violated the victim in the worst possible way and inflicted a lasting harm on a young woman," Berlin said.
What's next:
The case remains pending. A status hearing is scheduled for Clary and Niemiec on Wednesday. Mascolo's next court appearance is scheduled for Oct. 2.
The Source: The information in this report came from documents filed in DuPage County's 18th Judicial Circuit Court and the DuPage County State's Attorney's Office.