Wheaton man who assaulted ex-girlfriend to be released from mental health facility
A 31-year-old Wheaton man found not guilty by reason of insanity in the 2014 battery and sexual assault of an ex-girlfriend will be released Dec. 19 to his parents' Wheaton home.
DuPage County Judge Robert Miller on Tuesday granted Joseph McHale's petition for conditional release citing several reports from the Department of Human Services that indicate he has been without a psychiatric episode for more than two years, has been on his daily psychotropic medication and completed nine of his 10 treatment goals.
The final goal is for McHale to find adequate housing as he begins to assimilate back into society and start outpatient treatment. But the 19 centers that would meet those requirements all denied McHale because of his sex offender status.
As part of his order, Miller ordered the department to create an outpatient treatment plan for McHale within 30 days. He also ordered McHale to wear an alcohol-detecting ankle monitor and prohibited him from having contact with his ex-girlfriend.
Miller cited the success of a recent weeklong furlough he granted McHale to visit his parents home earlier this month and McHale's weekly Saturday visits to his parents home that he earned more than a year ago.
"We cannot just continue to treat DHS as a warehouse for those once found to be mentally ill," Miller said. "We can't continue to house this defendant at DHS now that he is mentally stable and met his goals. There's no more progress to be made."
Outside court, McHale's father, Thomas McHale, thanked Miller for being "extremely fair and thorough."
"We're very thankful that our son is getting a second chance," he said. "And we're going to help him make the most of it."
Sentencing guidelines allow McHale to be held for inpatient treatment through Feb. 1, 2069, but his attorneys filed a petition for discharge or conditional release from the care of the Illinois Department of Human Services. Miller denied the petition to outright discharge McHale.
Assistant State's Attorney Lee Roupas agreed that McHale has made progress and has met the goals established by the department of human services but warned against "returning (McHale) to the same environment that existed when the crime was committed."
"The defendant is making progress," Roupas said. "There is no need to rush this past the finish line."
Prosecutors say on Aug. 2, 2014, a 23-year-old woman told police McHale forced his way into her Glen Ellyn apartment, struck her and sexually assaulted her.
During the beginning of his discharge hearing in May, McHale said he understood what he did was a crime and he could still visualize the attack. He said his medication at that time was not working and he had a hallucination about her cheating with a co-worker.
McHale will next be in court on Dec. 17 for the human services department to present Miller with its treatment plan.