Mistrial declared in trial of Crystal Lake man accused of sexually assaulting child

About 11:30 p.m. Thursday, a mistrial was declared after jurors said they could not reach an unanimous verdict in the case of a Crystal Lake man charged with sexually assaulting a young child over a span of five years.

Jonathan A. Gomes, 36, arrested in 2020, is charged with two counts of predatory criminal sexual assault of a child younger than 13, Class X felonies, and four counts of aggravated criminal sexual abuse of a child, Class 2 felonies, according to court documents in the McHenry County courthouse.

Gomes, who has been out of jail since posting 10% of a $100,000 bond shortly after his arrest in March 2020, was back in court Monday for a status. A new status date to set a new trial was set for Dec. 5. If he is convicted, he faces between six and 30 years in prison.

In closing arguments Thursday, Assistant State’s Attorney Tyler Mikan said Gomes “crossed the line” in attempts to control the child when he allegedly sexually abused and assaulted them, Mikan said. The child was in second grade when the alleged assaults began and reported it when they were 12.

Gomes was allegedly checking the child for signs of self harm and told the child not to tell anyone what he was doing, Mikan said.

In referring to trial testimony and video-recorded interviews between the child and a therapist at the Child Advocacy Center for McHenry County shown to jurors, Mikan said the child has no “motivation” to lie and no reason to “destroy” their life by bringing such allegations to authorities.

“Think about it, why would (they) make this all up?” Mikan asked in closing arguments adding they did not make it up “because it’s true.”

In response to prosecutors’ allegations, Gomes’ defense attorney George Kililis told jurors to “put away all the emotion, put away all the anger and look at the evidence.”

“Be analytical, use common sense, weigh the credibility of the witnesses,” Kililis said in closing arguments.

Kililis noted conflicting details in how, where and when the child said the alleged abuse occurred. He also noted that when the counselor at the Child Advocacy Center misstated where the alleged abuse occurred, the child did not correct her.

“I am not saying this is an evil or nefarious plan,” he said.

The child, Kililis said, went along with the counselor’s details, though they were different from what they had reported to authorities. Then in court, during trial, the child repeated the details they had initially told family members and authorities of the alleged assaults.

He said the “child is willing to say what authority figures say to (them) even if it is made by accident. It is remarkable.”

“Why would you believe a witness with inconsistencies,” Kililis said. “Use your common sense. It didn’t happen.”

In rebuttal, Assistant State’s Attorney Ashur Youash said the defense wanted jurors to believe the child is a “mastermind.” He said the details the child provided on the stand during trial were the true facts of what occurred and they had even “corrected the defense attorney,” he said.

“That’s consistency. That’s credibility,” Youash said.