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St. Charles man gets 8 years for sexual assault

Published: Wednesday, April 3, 2013 5:14 p.m. CDT • Updated: Thursday, April 4, 2013 7:28 a.m. CDT
Caption
Gary R. Kluber

ST. CHARLES – A St. Charles man who pleaded guilty in February to sexually assaulting a developmentally disabled woman was sentenced Wednesday to eight years in prison.

Gary R. Kluber, 67, of St. Charles, faced four to 15 years in prison for one count of criminal sexual assault, a Class 1 felony.

The victim had been visiting her boyfriend at Kluber's home on June 2, 2012, where Kluber also was present. When the victim's boyfriend went upstairs, Kluber forced sexual contact on the victim despite repeated requests from the victim to stop. The victim told her family about the assault, and Kluber admitted to the assault when he was interviewed by the St. Charles police.

Citing Kluber's past convictions, including his being a registered child sex offender, Kane County State's Attorney Pam Monaco asked Judge John A. Barsanti to consider the "high range" of the maximum 15-year penalty.

Public defender Kim Bilbrey, who represented Kluber, asked the judge to consider Kluber's age, his good relationship with his son, Troy Kluber, who has cerebral palsy, and his mental state after the death of his wife in 2005. She also asked the judge to consider that Kluber's cognitive functioning may be low.

When given a chance to address the court before sentencing, Kluber broke down in tears as he recounted several hardships he has endured in the last few years, including the death of his wife of more than 30 years, and stated that he felt depressed.

Lisa Thompson, a case worker with DayOneNetwork in Geneva who testified on behalf of the state, said the victim's overall independence was equivalent to that of an 8-year-old.

Bilbrey called three witnesses to the stand, including Kluber's son, who told the court about Kluber's involvement with the religious organization Knights of Columbus, and his volunteer work with other social clubs.

All three witnesses said they were either "shocked" or "surprised" to learn about Kluber's actions.

Monaco said the victim had trusted Kluber, and while on the stand Kluber said the victim "may have" called him Uncle Kluber. She said Kluber's actions were not a result of his depression and loneliness because he had been convicted of sexually abusing girls between the ages of 13 and 16 back in the mid-1980s.

"He took advantage of [the victim]. There are no medications to compensate for those actions," Monaco said.

Kluber is required to serve at least 85 percent of his sentence, and he will be given credit for 300 days served in Kane County Jail.

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