ST. CHARLES TOWNSHIP – Speaking in a barely audible whisper, a Geneva woman pleaded guilty April 27 to first degree murder in the death of her husband and accepted a sentence of 22 years in prison, minus the 457 days she served in the Kane County jail.
Julia Gutierrez, 54, was charged in the killing of her husband, Eduardo Gutierrez, 53, by mixing an overdose of the sedative Temazepam into a smoothie drink sometime between Jan. 26 and Jan. 28, 2016, and giving it to him when he came home for lunch.
Kane County Circuit Judge D.J. Tegeler amended her plea to guilty but mentally ill, noting it was a designation she had failed to say. The agreement meant she waived her right to a trial and prosecutors would dismiss the second murder charge. Tegeler said she must serve 100 percent of the sentence.
The Kane County Diagnostic Center diagnosed Julia Gutierrez with somatic symptom disorder and a secondary diagnosis of depression, her public defender Julia Yetter said.
Somatic symptom disorder is an illness anxiety disorder with a significant focus on physical symptoms — such as pain or fatigue — to the point that it causes major emotional distress, according to the Mayo Clinic and the Diagnostic and Statistical Manual of Mental Disorders.
Assistant State’s Attorney Greg Sams said treatment for Julia Gutierrez was up to the Illinois Department of Corrections, if it will be provided on-site at a prison or whether she would be transferred to a facility, such as the Elgin Mental Health Center in Elgin. She would return to prison once treatment is completed, he said.
Sitting at the defense table wearing a bright green jail jumpsuit, her gray and white hair cascading down her back in waves, Julia Gutierrez began rocking back and forth as Sams recounted the events leading to the discovery of Eduardo Gutierrez’s body in the couple’s home on Crissey Avenue in Geneva.
After friends in Rock City received $40,000 in cash and a $5,000 check with a note in Julia Gutierrez's handwriting, stating, “Ed has been suffering so much … I couldn’t take it any more,” they called Geneva police.
Police did a wellness check at the home, eventually breaking in on Jan. 28 when no one answered the door.
They found Eduardo Gutierrez dead on the first floor and Julia Gutierrez in a fetal position in an upstairs bathroom, semi-conscious from a failed suicide attempt using the same sedative she used to kill her husband.
Police also found writings of Julia Gutierrez on a notepad in the dining room, in which she described not wanting to see her husband suffer by watching her suffering from environmental illness for the last 14 years.
“I didn’t want him to live and suffer,” Julia Gutierrez wrote. “It's just been unbearable for him to see me all these years. ... He was suffering more than me. … I love him so much, please forgive me, God understands. … 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.”
Eduardo Gutierrez was the second youngest of six children, five of whom are sisters. His sister Lidia Pyecha read a victim impact statement, describing their reaction to his death as leaving them dumbfounded, in disbelief, angry and in pain.
Pyecha also recounted how her sister-in-law had given her brother a milkshake laced with sleeping pills in 2000.
“Eddie let his guard down,” Pyecha said. “It cost him his life.”
She described her brother as the sisters’ “spiritual rock” after their parents died, checking in with each of them frequently.
And when the sisters would ask how he was doing, the upbeat brother would respond: “I’m good. God is good,” Pyecha said.
“We miss his phone calls,” Pyecha said.
Eduardo Gutierrez’s business, At Your Services, reflected his desire to serve others.
He would also exhort his nine nieces and nephews to be healthy, organizing athletic events, such as a 5K in which they all participated.
“He was not done being an uncle,” Pyecha said, wiping tears as other family present in court also cried and clung to each other.
Still, Pyecha said the family would continue to pray for Julia Gutierrez during her incarceration, firm in their faith that they will all see their brother again in heaven.
After court, the sisters and extended family hugged and cried.
The oldest sister, Rachél Mooney, said the family has suffered “immense sorrow over what happened to our brother.”
“Really, nothing can describe how we felt. We also feel deep sadness for Julie,” Mooney said. “We have faith in Christ, knowing we will see our brother again.”
In a statement, Kane County State’s Attorney Joe McMahon said because Julia Gutierrez intentionally killed her husband, the plea agreement 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," McMahon said.
:quality(70)/cloudfront-us-east-1.images.arcpublishing.com/shawmedia/BSU34CX7NCXPFQOGCDJ3CW6UUA.jpg)