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Settlement nears in lawsuit over Geneva husband's fatal poisoning

A lawsuit in which the family of a murdered Geneva man sued his wife for wrongful death is nearing a settlement, and Eduardo Gutierrez' relatives will receive proceeds from the sale of the couple's Geneva home and other assets, said an attorney in the case.

The estate of Eduardo Guiterrez sued Julia Gutierrez for damages in his January 2016 death after she spiked his protein shake with a fatal dose of sedatives that had been prescribed to her.

Police went to the couple's home for a well-being check after a friend of Gutierrez in Rock City, Illinois, received a package in the mail containing $40,000, an unsigned check for $5,000 and a note from Julia Gutierrez saying: "Ed has been suffering so much. I have been holding on all this time and I can't do it anymore."

Gutierrez pleaded guilty but mentally ill last year in Kane County court was sentenced to 22 years in prison, where she will have greater access to mental health services and must serve 100 percent of her sentence.

Eduardo's estate filed a wrongful-death lawsuit before Gutierrez' guilty plea; since she pleaded guilty, her attorneys did not contest the lawsuit, which argued she should be responsible for damages.

Tim Reuland, attorney for the estate, said the lawsuit has basically been settled by attorneys. He declined to specify a monetary amount. "Payment arrangements have been complicated by the fact that the defendant is incarcerated," he said.

John Kelly, the attorney for Julia Gutierrez, said the case was "not completely settled but hopefully would be by May 9 (the next court date). It's a delicate situation."

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