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updated: 7/3/2012 5:19 PM

Garner fit to stand trial

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Daily Herald report

An evaluation of a Waukegan man accused of first degree murder in the shooting death of a cabdriver he was trying to rob on March 13, 2010 determined he is fit to stand trial. Defense attorneys are expected to challenge the finding for Darryel Garner, 40, who is charged in connection with the death of Patrick Foster of Park City. Foster was shot five times but was able to climb in the back seat and subdue his attacker and call police. He died the following May 24. Garner had been expected to plead guilty last month before Lake County Judge James K. Booras but in a surprise development, defense attorneys said communication with Garner had broken down and requested the evaluation after Garner told them he did not believe he was subject to Illinois law. On Tuesday, Booras continued the case until Aug. 28. A formal fitness hearing date could be set at that time if the defense hires its own expert. A new trial date was set for Oct. 19.

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