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updated: 10/16/2012 2:03 PM

Waukegan man facing murder charge deemed fit to stand trial

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  • Darryel J. Garner

      Darryel J. Garner


A 40-year-old man accused of killing a cabdriver in Zion was deemed fit to stand trial Tuesday.

Lake County Judge James Booras said "there is no doubt in my mind" Darryel Garner of Waukegan is fit to stand trial.

Garner remains in Lake County jail after being charged with shooting Patrick Foster, 45, of Park City, in March 2010.

Authorities said Garner was a passenger in Foster's cab on a trip to Zion when he shot Foster five times in the face, back and neck. While being shot, Foster jumped into the back seat of the cab and subdued Garner, called police from his cellphone and held the man down until help could arrive.

Foster was treated at Advocate Condell Medical Center in Libertyville before being transferred to Froedert Medical Center in Milwaukee where he later died.

Prosecutors and defense attorneys were on track to go to trial in October, but that was before Garner stopped cooperating with his court-appointed attorneys.

Because of Garner's delay, defense attorneys ordered a psychological evaluation, which showed he was fit to stand trial, officials said.

Garner has also told Booras he wanted new attorneys because his defense attorneys do not listen to him. However, Booras said Garner must learn to work with his court-appointed attorneys or pay for new ones out of his own pocket.

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