3 members of McHenry family admit to battery of 7-year-old child whose wrists were zip-tied

Three members of a McHenry family who were accused of abusing a 7-year-old child in their care each pleaded guilty Tuesday to one count of aggravated battery of a child younger than 13.

Hal G. Eltherington, 65; Kristen M. Eltherington, 36; and Gregory S. Eltherington, 33, each are sentenced to two years of probation with special conditions and fines, according to court records. Kristen Eltherington also is required to perform 200 hours of public service, while Hal and Gregory Eltherington were each sentenced to 60 days in the county jail, orders filed in McHenry County court show.

All three defendants were ordered to participate in substance abuse evaluations and complete a parenting class. They are prohibited from having any contact with the child of an abusive or harassing nature, must submit to and pass drug tests, cannot use THC unless prescribed, and must abstain from alcohol, according to the judgment orders in each case.

The trio were initially all charged with felony unlawful restraint, aggravated battery of a child younger than 13, and misdemeanor domestic battery, according to indictments. Hal and Kristen Eltherington had faced additional counts of aggravated battery to a child for allegedly punching the child around the head and body and placing their body weight on him, the indictments show. In exchange for the pleas the additional charges were dismissed, records show.

Video was recovered from the family home showing that on Aug. 14, 2022, the 7-year-old child was physically restrained, his wrists were tied together with zip ties and he was struck about the head, according to court documents.

Court records also showed the Eltheringtons, who enjoined their cases, planned on arguing that they acted in self-defense, if their case had gone to trial. According to court records, the family’s actions that day “were in response to the violent actions of [the child] toward the family,” the motion said. The child “has a history of violent outbursts and “‘uncontrollable fits’ not only aimed at the family, but at others,” the motion said.

During August 2022, the child had two other such incidents documented where he had “to be restrained by police and ambulance personnel,” according to the court document. He also had been removed from the home and allegedly “attacked” or had “been violent toward his foster mother,” the motion said.

The incident on Aug. 14, 2022, led to the charges being filed the next day when a representative from Northwestern Medicine McHenry Hospital contacted the sheriff’s office and reported a case of a potential child abuse, the sheriff’s office said at the time of the family members’ initial arrests.

Robert Stavins, Hal Eltherington’s attorney, said that had the case gone to trial, the state would have played a video “showing the restraints and zip ties on the child. Yes, the child has been restrained by police, paramedics, a lot of professionals. ... Nevertheless. it would have been very hard to overcome. Videos speak a thousand words.”

He also described the Eltheringtons as “good people [who] were just besides themselves. They didn’t want to restrain the child. They talked to professionals. He was a very large [7] year old. They were trying to protect the child, protect themselves. Nevertheless the video would have been difficult to overcome.”

The child currently is in foster care, the attorney said.