Settlement closes last chapter in McHenry wrongful conviction

McHenry County leaders have closed the book on one of the state's most notable wrongful conviction cases from the 1990s.

The McHenry County state's attorney's office recently reached a settlement with two of the county's insurers to pay some $700,000 in legal fees stemming from the wrongful conviction of Gary Gauger, of Richmond, for the 1993 murder of his parents.

A jury convicted Gauger and he was sentenced to death, but an appellate court overturned the guilty verdict in 1996.

The appellate panel ruled Gauger's arrest was made without probable cause, and any statements - including statements that prosecutors called a confession - were not admissible in court.

Without the statements, prosecutors dropped the charges and Gauger was set free.

Federal authorities investigating the Outlaws motorcycle club eventually produced evidence that two club members carried out the murders.

Gauger later sued the county for malicious prosecution and false arrest, but lost.

McHenry County Assistant State's Attorney George Hoffman said the county had to pay upfront legal fees to Itasca attorney James Sotos in the case, but two companies that insured the county during the litigation disputed the reimbursement.

The $700,000 settlement will help replenish a county tort fund that was used to pay Sotos, Hoffman said.

Lloyd's of London will pay the county $450,000 and the Insurance Company of the West will pay $250,000.

"We're very pleased with the settlement," Hoffman said. "We're glad to put anything triggered by the Gauger case behind us."

Better late than never

Seven Aurora Police officers have been honored as Employees of the Month for July and August.

Officer Jim Brown, a 25-year veteran, was recognized for saving the lives of an elderly Wisconsin couple while in a remote area of Ontario, Canada.

Brown and a friend were camping in June when a severe thunderstorm hit the area. They found an elderly couple suffering from hypothermia who were disoriented and looking for the lodge where they had been staying.

Brown and Kris Melvin, of Aurora, helped the navigate the couple's damaged boat across a lake until they were spotted by a search party.

Six others - Greg Spayth, Brian Hester, Nikole Petersen, David Bemer, Chris Bosson and Investigator Angel Nieves - were honored for their work leading to charges against a man for two taxi cab robberies and a theft from a downtown hotel in February.

Overheard

A defendant in a recent court call before Kane County Judge James Hallock asked to be represented by a public defender.

Hallock, as judges are required to do, asked the defendant if he had any assets.

A 1989 Oldsmobile Cutlass Supreme, the man replied.

"That's not an asset at this point," Hallock said.

hhitzeman@dailyherald.com