A Lake Holiday resident, Michael P. Fernschuss, 25, has been sentenced to a seven-year prison term by Kendall County Presiding Judge Timothy J. McCann for one count of criminal sexual assault (a Class 1 felony) and one count of aggravated domestic battery (a Class 2 felony).
Both charges were against the same victim but occurred on separate dates, according to Kendall County State's Attorney Eric Weis.
Fernschuss was originally charged with aggravated domestic battery back in September of 2014 when, during a verbal and physical argument, he choked his girlfriend to the point where she could not breath. During the course of this investigation, police learned that Fernschuss had sexually assaulted the victim when she was unable to give consent.
The criminal sexual assault charge went to a jury trial in September of 2015. During the trial, testimony from the victim, electronic recordings, computer analysis and conversations between the victim and Fernschuss were presented to the jury. Ultimately, the jury found Fernschuss guilty of criminal sexual assault.
Prior to a sentencing hearing, Fernschuss agreed to serve four years in the Illinois Department of Corrections for the criminal sexual assault charge. Fernschuss then entered a plea of guilty to the aggravated domestic battery charge and agreed to a three-year jail sentence. Both sentences must be served consecutively (back to back) and Fernschuss will be required to serve at least 85 percent of his sentence before being eligible for mandatory supervised release pursuant to Illinois' truth-in-sentencing provisions. Additionally, he will be required to register as a sex offender for life.
Weis noted that the victim was satisfied with the outcome of both of cases and thanked his office for its efforts. The cases were prosecuted by Weis and First Assistant Nemura Pencyla. Fernschuss was represented by attorney Robert Nolan and attorney Joseph Navarro.