Batavia couple takes plea deal in elderly exploitation case

A Batavia couple has pleaded guilty to bilking an older woman out of $41,000, according to the Kane County state's attorney's office.

Michael J. Waters, 49, and his wife, Brenda L. Waters, 48, agreed Wednesday to imprisonment and to pay restitution, in exchange for guilty pleas to one count each of financial exploitation of an elderly person, a Class 2 felony.

Michael Waters agreed to a sentence of four years in prison, and Brenda Waters three years.

His sentence is longer because he has a more extensive criminal history, including drug and theft convictions, the state's attorney said.

They must also repay $41,705.

From Jan. 1 to Dec. 31, 2008, the couple deceived and coerced the 80-year-old victim into giving them cash, according to court records.

They would show up at her house late at night or early in the morning, wake her and drive her to ATMs, telling her that the money was needed for car repairs, household bills and other financial obligations. But the money was used to buy illegal drugs, according to a statement from the state's attorney's office.

In January the victim discovered the couple had been forging her name on checks, and reported that to police.

The victim and the couple had a long relationship, according to the statement, but it did not specify the nature of the relationship.

Both are eligible for day-for-day sentencing, meaning Michael Waters could be released after two years and Brenda after 18 months. Both also received credit for the 329 days they have spent in the Kane County jail while awaiting trial.