November 16, 2024
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Prosecutors seek jail time for driver charged in Halloween bus crash

Court filing alleges Tyler Schmidt violated electronic home monitoring rules – again

By Brenda Schory
Tyler A. Schmidt was charged felony aggravated driving under the influence; felony reckless homicide; felony aggravated driving under the influence of drugs causing great bodily harm; felony aggravated reckless driving; lesser offenses of failing to reduce his speed to avoid a crash, speeding over the posted limit and failure to stop before reaching a school bus.

Tyler A. Schmidt (Photo provided by Kane County Sheriff’s Office)

For the second time this year, Kane County prosecutors are seeking jail time for a driver who was involved in a Central School District bus crash on Halloween 2022 that killed two passengers and severely injured a third.

In court papers filed Oct. 18, prosecutors allege that Tyler A. Schmidt, 20, of South Elgin, again violated the terms of his electronic home monitoring.

Schmidt was cited for illegally passing a vehicle on the shoulder of the road Sept. 27 and tested positive for THC, the active ingredient in marijuana, on Sept. 24, in violation of the terms of electronic home monitoring, according to the court filings.

Schmidt was charged with multiple felonies in connection with the 2022 crash. The criminal case against him stillis pending as are two civil lawsuits for the deaths of Campton Hills brother and sister Grace and Emil Diewald and injuries to a third passenger, Kiley Cox.

Schmidt has been on electronic home monitoring since Dec. 28, 2022.

In June, prosecutors sought to have him serve 30 days in jail after the electronic monitoring GPS showed Schmidt was speeding several times and went to restaurants and a skate park instead of only to work, church or doctor appointments.

After an hourlong hearing, Circuit Court Judge David Kliment sentenced Schmidt to 14 days in jail but issued a stay on that sentence.

Kliment instead allowed Schmidt to stay on electronic monitoring with a review in 30 days to see that he follows the rules.

Prosecutors are asking for the stay to be lifted and that Schmidt serve the 14 days in jail that Kliment sentenced him to in June.

“Your attorney stated you are young and immature and you need to be admonished,” Kliment had said then. “You need to be perfect. You need to be perfect on this EHM [electronic home monitoring] from now on and all the terms of your release. If you are not perfect, I’m going to put you in jail. Do you understand that?”

Schmidt had replied, “Yes.”

Schmidt’s next court date was Nov. 7 for the resetting of pending motions, records show.

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