A Burlington Township man told investigators he fought with and punched his father in the face because his father walked into a bathroom and saw the man's girlfriend naked in a bathtub, an officer testified Thursday.
Daniel M. Rak, 31, of the 13N0-99 block of Engel Road, is charged with murdering of Jeffrey Rak, 58, who was found in his bedroom of the home early Feb. 14.
Kane County Public Defender Kelli Childress wants Rak's statements to authorities banned from trial. She argues Rak was intoxicated, cold, sick and vomiting when he was questioned at the Kane County sheriff's office, and his statements were not voluntarily given to detectives.
Kane County Sheriff's Deputy Michael Flannery testified Thursday that he responded to the house and saw the elder Rak's body on a bedroom floor with two black eyes, a bloody nose and blood coming from his mouth.
The bedroom was in "disarray," with blood spatters on a wall, along with holes in the wall, Flannery testified. Daniel Rak was mumbling and intoxicated, but not to the point of where he was incapacitated, Flannery said.
Flannery testified that after offering his condolences, he asked Daniel Rak what happened to his father's face. "I got in a fight with my dad two days ago and punched him in the face," Flannery quoted Rak as saying, later adding Daniel Rak was upset and kept saying, "Oh my (expletive) God."
Flannery testified that Daniel Rak's girlfriend said Jeffrey Rak had barged into the bathroom the night of Feb. 11 while she was in a bathtub.
Under cross examination by Childress, Flannery also testified Rak's girlfriend said Jeffrey Rak was a severe alcoholic who took blood thinners, often had seizures and frequently fell after having too much to drink, causing holes in the walls of the house.
Prosecutors contend Daniel Rak beat his father to death, Childress' line of questioning and court documents suggest Rak's defense will be Jeffrey Rak's physical injuries from alcoholism ultimately caused his death. If convicted, Rak faces 20 to 60 years in prison with no chance of early release. He has been held at the Kane County jail on $950,000 bail since his arrest in June 2016 on murder charges.
The case is next due in court Feb. 16 to give Kane County Judge D.J. Tegeler time to view, in his chambers, the video-recording of Rak being questioned at the sheriff's office.