A convicted sex offender has been found fit to stand trial for allegedly taking photos of a child in a Macomb restaurant in July.
Fred H. Railsback III, 79, of Macomb, who has been held in the McDonough County Jail since his July 14 arrest, was found fit to stand trial during a hearing Feb. 4. The case has been continued to a pre-trial conference next week. Late last year, his attorney, James Hoyle, filed a motion for a fitness and psychological examination. A fitness hearing was held Jan. 20.
Railsback was charged with felony child photography by a sex offender after he reportedly took photos of an 11-yearold girl at a local diner. A family member noticed Railsback snapping photos and told restaurant employees, who called police. He purportedly attempted to delete the photos; however, responding offers were able to see the photos after obtaining the phone from Railsback's possession. He told police he took the photos because he 'thought she was cute.'
At the time of the July 2025 incident, Railsback was on probation after pleading guilty in September 2024 to three felony child porn-related charges. Several other counts were dismissed as part of that plea. As part of the plea deal, Railsback was sentenced to 128 days in jail – credit for time served – with four years of probation and ordered to pay more than $14,000 in fines and fees. He was also ordered to register as a sex offender for life.
