In the Courts: Geneva Woman Pleads Guilty But Mentally Ill For Murdering Husband
The following is a roundup of Kane County State’s Attorney’s Office news releases from Friday, April 21, 2017, through Thursday, May 4, 2017.
All photos are from the Kane County State’s Attorney’s Office Facebook page.
GENEVA WOMAN PLEADS GUILTY BUT MENTALLY ILL
FOR MURDERING HUSBAND WITH POISONED BEVERAGE
April 27, 2017
A Geneva woman has pleaded guilty for intentionally murdering her husband by serving him a drink laced with a sedative.
Julia L. Gutierrez, 54, of Geneva, agreed to a sentence of 22 years’ imprisonment in the Illinois Department of Corrections in exchange for a plea of guilty but mentally ill to first-degree murder in the January 2016 death of her husband, 53-year-old Eduardo Gutierrez of Geneva.
Circuit Judge Donald M. Tegeler, Jr., accepted the plea.
Kane County prosecutors stated during the hearing that sometime between Jan. 26 and Jan. 28, 2016, Julia Gutierrez mixed a lethal amount of the sedative Temazepam into a drink and gave the drink to Eduardo Gutierrez. Eduardo, unaware of the Temazepam, consumed the drink and died as a result.
After giving the tainted drink to Eduardo, Julia sent a package to friends in Rock City, IL. The package contained more than $40,000 in cash and a check for $5,000, along with a letter from Julia explaining how Julia believed that Eduardo had suffered for many years because of Julia.
The friends called Geneva police to make a well-being check at the Gutierrez residence in the 1-99 block of Crissey Avenue. Geneva police officers forced entry into the home at about 6:30 p.m. Jan. 28, 2016. They found Eduardo Gutierrez dead on the floor on the first floor and Julia Gutierrez upstairs on the bathroom floor in a fetal position, semiconscious. She had attempted to commit suicide by consuming an excessive amount of the same sedative she gave Eduardo.
An officer saw on a dining room table a notepad on which Julia had written, in part “I love him so much, please forgive me, God understands.” It concluded by stating, “Hope to see you in heaven.” A page under the notebook read, in part, “no more pain for either of us; I wanted to die in his arms but I was afraid I might not make it …”
Paramedics took Julia to a local hospital, where she was treated before her transfer to the Kane County jail.
When interviewed by police, Julia said she had been suffering for at least 14 years from an environmental illness. She said, “It’s just been unbearable for him to see me all these years” and “he was suffering more than me.” She explained that Eduardo’s suffering was because of her own suffering from the environmental illnesses. She said, “I didn’t want him to live to suffer.” She said that when Eduardo came home for lunch she had secretly put the contents from six Temazepam pills into a smoothie she had made for him. She said she did it to end his suffering.
While the case was pending, a psychologist conducted a court-ordered evaluation and concluded that Julia Gutierrez suffered from somatic symptom disorder with a secondary diagnosis of depression.
The finding of guilty but mentally ill means that the Illinois Department of Corrections may send Gutierrez to an appropriate treatment facility, and that once treatment is complete she would return to IDOC.
According to Illinois law, Gutierrez must serve the full sentence. She receives credit for 457 days served in the Kane County jail, where she has been held without bail.
“Mrs. Gutierrez intentionally killed her husband. This plea and sentence will hold her accountable. However, this case highlights challenges our community often faces given the limited resources available to address mental health concerns,” Kane County State’s Attorney Joe McMahon said.
Kane County Assistant State’s Attorney Greg Sams prosecuted the case.
SOUTH ELGIN MAN FACES PRISON FOR SHOOTING MAN IN SHOULDER
May 1, 2017
A South Elgin man will go to prison for inexplicably shooting a man.
A Kane County jury on Thursday, April 27, 2017, convicted 22-year-old Devonne L. Montgomery of aggravated battery with a firearm, a Class X felony.
Kane County prosecutors presented evidence that at about 1:50 a.m. Oct. 18, 2015, the victim, a tow-truck operator attempted to remove a car that was unlawfully parked in a lot in the 1200 block of Fleetwood Drive, Elgin. After the car had been hoisted onto the tow truck’s boom, a man approached the victim and his coworker, produced car keys and asked that the vehicle not be towed. The victim agreed, lowered the car and unhooked it from the truck.
As the man and the victim talked, Montgomery approached the scene and began shouting about not towing the car. The victim replied that he would not tow the car and told Montgomery to mind his own business. Montgomery then pulled a Beretta 9mm handgun from his waistband and shot the victim in the left shoulder. As the victim ran to the tow truck to go to the hospital, Montgomery fired a second shot at him but missed.
The victim suffered a broken scapula, clavicle and nicked lung. The victim has had multiple surgeries since and continues to recover.
Montgomery remains in the Kane County jail, where he had been held since his arrest in lieu of $250,000 bail. Bond was revoked upon conviction.
Circuit Judge John A. Barsanti set Montgomery’s next court appearance for 1 p.m. June 15, 2017, in Courtroom 319 at the Kane County Judicial Center for motions and sentencing. Montgomery faces a sentence of between six and 30 years’ imprisonment in the Illinois Department of Corrections.
The case was prosecuted by Kane County Assistant State’s Attorneys Salvatore LoPiccolo and Alexander Bederka.
CARPENTERSVILLE MAN GETS 8 YEARS IN PRISON FOR BEATING, STRANGLING GIRLFRIEND
April 28, 2017
A Carpentersville man has been sent to prison for beating up and strangling his girlfriend.
Kane County Circuit Judge James C. Hallock on Thursday, April 27, 2017, sentenced 24-year-old Luis F. Bustos to eight years’ imprisonment in the Illinois Department of Corrections.
A Kane County jury on March 7, 2017, found Bustos guilty of aggravated domestic battery, a Class 2 felony.
Kane County prosecutors presented evidence that the evening of May 27, 2016, Bustos and the victim, his girlfriend, began to argue in the residence they shared. Bustos became violent, punched the victim in the head, knocking her down, grabbed the victim around the throat, strangling her, and punched the victim in the abdomen with his fist.
Bustos was on parole for a conviction for attempted home invasion at the time of the incident.
According to Illinois law, Bustos must serve at least 85 percent of the sentence. He receives credit for 333 days served in the Kane County jail, where he had been held since his arrest.
The case was prosecuted by Kane County Assistant State’s Attorneys Sarah Seberger and Bianca Camargo.
ELGIN MAN GETS 7 YEARS FOR SEVERELY BEATING GIRLFRIEND
April 28, 2017
An Elgin man will go to prison for severely beating his girlfriend last summer.
Lamount Patrice Embry, 41, today agreed to a sentence of seven years in the Illinois Department of Corrections in exchange for a guilty plea to aggravated domestic battery causing great bodily harm, a Class 2 felony.
Kane County Circuit Judge Donald M. Tegeler, Jr., accepted the plea.
At about 6 p.m. June 13, 2016, Embry and the victim, his girlfriend, were outside in the 1200 block of Century Oaks Drive, in Elgin. Embry dragged the victim across the street, punched her in the face, broke a bottle over her head causing a laceration, and kicked her in the ribs. Emergency room personnel placed staples in the back of the victim’s head to close the laceration.
Embry’s criminal history made him subject to enhanced sentencing. He was convicted in 1997 of aggravated criminal sexual assault, a Class X felony, and was sentenced to 12 years in IDOC. He was convicted in 2011 of residential burglary, a Class 1 felony, and sentenced to six years in IDOC.
According to Illinois law, Embry must serve at least 85 percent of the sentence. He receives credit for 320 days served in the Kane County jail, where he had been held since his arrest.
The case was prosecuted by Kane County Assistant State’s Attorney Dawn Troost.
WEST DUNDEE MAN GETS 11-YEAR PRISON SENTENCE FOR MOLESTING THREE CHILDREN HE KNEW
April 28, 2017
A West Dundee man is headed for prison for molesting three children he knew.
Marcus L. Arvizo, 37, agreed to a sentence of 11 years’ imprisonment in the Illinois Department of Corrections in exchange for a guilty plea to two counts of criminal sexual assault, each a Class 1 felony, and aggravated criminal sexual abuse, a Class 2 felony.
Associate Judge Linda S. Abrahamson accepted the plea.
Kane County prosecutors presented evidence that between January 2013 and June 2014 Arvizo had sexual contact with the children. Arvizo knew the three victims, who were younger than 18 at the time.
In addition to the prison term, Arvizo must register for life as a sexual offender in accordance with the Illinois Sexual Offender Registration Act.
The sentence is four years each for the Class 1 felonies and three years for the Class 2 felony. The terms are to be served consecutive to one another.
According to Illinois law, Arvizo must serve at least 85 percent of the sentences for the Class 1 felonies, and he is eligible for day-for-day credit for the Class 2 sentence. Arvizo receives credit for 1,034 days served in the Kane County jail.
The case was prosecuted by Kane County Assistant State’s Attorney Debra Bree, who is assigned to the Kane County Child Advocacy Center.