Galena, IL - Law officers in two states are at odds over a hit and run case.
Florida police say Kenneth Upmann hit a child with his car last fall.

Then last Friday, sheriff's deputies in Jo Daviees County, Illinois, arrested Upmann in connection with the case.

Florida police wanted Illinois to hold Upmann so he could face charges down there.

Illinois released him from jail before Florida police could come and get him.
October 7th, 2008. A driver hits three-year-old Gage Root and drags the boy for almost 15 yards.

He survived but now uses a wheel chair.

Eight months later, Police in Florida collected enough evidence to issue an arrest warrant for Kenneth Upmann.

And that's when the disagreement started over Upmann's future.

Court documents show Florida police issued a warrant for Upman's arrest last Thursday, May 7th. The next day police in Warren, Illinois arrested him and brought him here to the Jo Daviess County Sheriff's Department.

Jo Daviess County State’s Attorney Terry Kurt said, "It's my understanding my assistant asked for a no bond, the judge did set a bond which is standard procedure nothing inappropriate about that."

But before Florida could get him back into its courts, Upmann bonded out of jail for 1000 dollars.

Kurt said, "one of the conditions of the bond was that Mr. Upmann would turn himself in, in Florida and apparently he made representation to the court that he was going to do that, he talked to his attorney and I think that went into the court’s decision to bond."

But investigators in Cape Coral say it was too risky to assume Upmann would return to Florida on his own.
Cape Coral Police Sergeant David Gleason said, "If I was a judge I wouldn't be willing to gamble on a guy that potentially left the scene of a hit and run accident left the state of the occurrence and tell him on 1000 dollars ‘hey go to Florida and turn yourself in or you are going to lose your thousand dollars’...really?"

And now officers in Florida are hoping Upmann keeps his word and shows up to turn himself in.

We spoke on the phone with Kenneth Upmann's brother, Kevin, who lives in Warren, Illinois.

He says Kenneth Upmann admits he hit the child and left the scene.

Kevin Upmann says his brother is now back in Florida and plans to turn himself in to police.