Kane judge orders driver in deadly 2022 crash to follow electronic monitoring rules
A Kane County judge warned a driver involved in a crash on Halloween 2022 that killed two passengers and severely injured a third that his time on electronic home monitoring requires him to be “perfect” or he will go to jail.
Tyler A. Schmidt, 19, of South Elgin, was charged with multiple felonies in connection with the crash that killed sister and brother Grace and Emil Diewald near Campton Township. The criminal case against him is still pending, as are two lawsuits for the deaths and injuries of his passengers.
Schmidt was indicted on Dec. 21, 2022, on charges that include felony aggravated driving under the influence of drugs, felony reckless homicide under the influence of marijuana, felony aggravated driving under the influence of drugs causing great bodily harm to a minor passenger, and felony aggravated reckless driving.
During a hearing on Thursday, Kane County Assistant State’s Attorney Katie Flannagan asked for 30 days in jail for Schmidt, asserting that he had not followed the requirements of home monitoring and pretrial release. Schmidt has been on electronic monitoring since Dec. 28, 2022, after posting $10,000 bail — 10% of the $100,000 bond that was set.
Flannagan said the electronic monitoring bracelet with GPS showed that Schmidt was speeding several times and went to restaurants and a skate park instead of only going to work, church or doctor appointments.
Circuit Judge David Kliment sentenced Schmidt to 14 days in jail — but stayed that order with a review in 30 days to see that he follows the rules.
“Mr. Schmidt, you seem to think that these rules that were set up are advisory, and you can pick and choose which ones to obey and disobey,” Kliment said.
“What troubles me most are two things: The skate park ... you know when you did that you had no business being there. And the speeding,” Kliment said. “The facts of this case indicate speed was a possible issue, among other things.”
Schmidt’s father, David Schmidt, has testified that both his sons work for his pool and spa business in unincorporated Gilberts. He said he put larger tires on a Ford Ranger truck that would add nine miles an hour to the measured speed.
Kliment said that even if nine miles were taken off, Schmidt was speeding enough to get a ticket.
“The GPS … was sufficient to show clear and convincing evidence that you violated the terms of your EHM (electronic home monitoring) and your pretrial release,” Kliment said to Schmidt.
Now, when Schmidt travels from South Elgin, where he lives with his mother, to his father’s business to get a work truck and tools for pool and spa maintenance, he is to provide a schedule to the sheriff’s office of where he is supposed to be seven days in advance, Monday through Friday only, Kliment said.
“If there’s stuff to do on Saturday and Sunday, your dad or your brother can do it. You can’t,” Kliment said. “Your attorney stated you are young and immature and you need to be admonished. You need to be perfect. You need to be perfect on this EHM from now on and all the terms of your pretrial release. If you are not perfect, I’m going to put you in jail. Do you understand that?”
“Yes,” Schmidt replied.
Schmidt’s next court appearance is June 26.