ST. CHARLES – The former superintendent of the Illinois Juvenile Prison Schools and his wife are seeking participation in Kane County’s diversion program on misdemeanor charges of criminal trespass and criminal damage to a glass patio door.
Kye D. Gaffey, 41, and his wife, Jennifer, 42, of Sterling, were charged Aug. 15 in an incident at a house on Southgate Course in St. Charles in which Jennifer’s former husband lives, as well as a 6-year-old boy. She and her former husband share custody of the boy.
Assistant Kane County State’s Attorney Daniel Weiler said the Gaffeys will see whether they are qualified for the diversion program.
According to the Kane County State’s Attorney’s website, the diversion program allows nonviolent, first-time offenders to accept responsibility for their criminal activity and keep convictions off their record.
Speaking generally about the diversion program, but not about his client, Kye Gaffey, attorney Donald Zuelke said the couple would likely qualify to participate in the diversion program.
“It requires that they admit responsibility, accept responsibility, do community service and pay costs and fines,” Zuelke said. “It’s for when you do something that is ill-advised and out -of-character for a law-abiding person.”
Offenders must sign an agreement and provide a videotaped statement admitting to the elements of the charges and their involvement in them, according to the Kane County State’s Attorney’s website.
Participants also might be required to complete community service hours, get counseling, write a letter of apology to the victim and pay full restitution and program fees, according to the website.
Upon successful completion, the state’s attorney will dismiss the charges. If other offenses are committed, however, the offender is terminated from the program and the original case returns to court, according to the website.
Kye Gaffey was terminated from his $110,244 position as superintendent of the state’s prison school system. Gaffey had worked in that position from 2000 to 2005 and had returned in 2011, records show.
St. Charles police said the Gaffeys were charged after a neighbor reported them inside the house while the family was away on vacation.
In earlier comments, Gaffey denied that he and his wife went inside the house, but said they were looking in the windows to document the boy’s living conditions.
The Gaffeys’ next court appearance is scheduled Dec. 4 at branch court, 350 S. Randall Road, St. Charles.