GENEVA, Ill. (WBBM/CBS) — An Elgin man abandoned overnight in the Kane County courthouse last month is reportedly considering suing the county.

Husan Smith, 32, was supposed to have been taken to the Kane County Jail after his court appearance last month.

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He was supposed to be spending four nights in jail for testing positive for drugs, in violation of his parole for an earlier drug offense. But a bailiff put Smith in a nearby conference room, and no one remembered he was there until the next day.

“It was hell, it was horrible,” Smith told CBS 2’s Kristyn Hartman. “It was the worst experience ever had, and I’ve had some bad ones.”

After a few hours, the handcuffed Smith knew someone forgot about him.  Alone, he tried to get anyone’s attention, kicking and screaming.

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“I felt despair,” he said.

He said he ended up soiling himself.

On Wednesday, Kane County Judge Timothy Sheldon apologized to Smith, and while Smith tells the Chicago Tribune he appreciates the apology, he says he is considering his legal options.

Kane County Sheriff Patrick Perez has ordered an investigation and said steps are being taken to avoid a similar mistake. He also apologized to Smith, who said the sheriff seemed sincere.

“It wasn’t our intent to deprive him of food or water or bathroom facilities,” Perez said. “I’m not going to sugar-coat it. We dropped the ball. We made a mistake.”

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