Trial date set for former circuit clerk’s alleged kickback partner

The jury trial of Robert Gutierrez – a partner in an alleged kickback scheme with the late Kane County Circuit Clerk Thomas Hartwell – is set for April 4 and 7.

Hartwell was charged April 25, 2023, with 19 felonies, including misappropriating $119,575 in public funds while in office between December 2018 and November 2020.

Hartwell was allegedly involved with Gutierrez, 74, a St. Charles businessman charged with seven counts of theft by deception of more than $100,000 and two counts of providing kickbacks to the late circuit clerk totaling $15,000, records show.

Gutierrez’s attorney, Liam Dixon, said a plea agreement is under consideration.

“We have received another offer on him,” Dixon said. “I don’t know if he can take it. He is in failing health. I am looking forward for going to trial. He has an excellent defense.”

In an email, Kane County State’s Attorney Jamie Mosser wrote her office is “unable to comment on these ongoing plea negotiations.”

Gutierrez was released on his personal recognizance after his arrest.

The arrests were the result of a two-year investigation by Illinois State Police Special Investigations and the Illinois Department of Revenue that began in January 2021.

Records show that Gutierrez Productions Inc. and DAR Illumination LLC, both owned by Gutierrez, billed Hartwell’s office for public relations about the circuit clerk’s services on radio, television and social media, and in outreach the Hispanic community.

The most serious charge Gutierrez faces is theft by deception of more than $100,000, a Class 1 felony punishable by four to 15 years in prison and fines up to $25,000 or up to 48 months of probation, if convicted.

In April 2023, Hartwell faced 19 felony counts, including theft by deception, official misconduct, government employee misapplying funds, wire fraud and money laundering, records show.

Hartwell killed himself on May 18, eight days before his first scheduled court appearance before a visiting Ogle County judge, records show.

The case against Hartwell ended with his death, according to court records.