Abuse allegations from first marriage not allowed in trial
A judge ruled Thursday prosecutors may not introduce allegations of past abuse from a St. Charles man's first marriage during his trial on charges he beat his second wife and later shot at her.
Scott J. Turyna, 66, has been charged with attempted murder, aggravated discharge of a firearm, domestic battery and other felonies stemming from a confrontation in early May 2016.
Authorities say Turyna began arguing with his wife at their home on the 400 block of Hunt Club Drive when he began beating her. Bloodied, she escaped out the garage door but fell on the driveway.
Authorities said Turyna was thwarted by then St. Charles District 303 School Board President Steven Spurling, who was walking with his wife. Turyna is accused of firing at least five shots at his wife as she walked away, and Spurling disarmed Turyna and detained him until police arrived.
Kane County Assistant State's Attorney Megan Baxter Thursday argued several instances of alleged past abuse by Turyna involving his first marriage from 1976 through 1982 should be allowed as evidence at trial.
"We think it goes directly to the defendant's intent," Baxter said.
Defense attorney Robert Motta argued the instances were just allegations and his client was not charged with any criminal wrongdoing. Motta noted that up until May 2016 there were no reports of abuse for his second marriage, for which a divorce was granted in February 2017.
"It's 40 years old. It's unproven. It's uncharged," Motta said. "There's been no allegations in the last 28 years that this man struck his wife in any way, shape or form."
Judge D.J. Tegeler ruled the allegations were different from the May 2016 charges and occurred too long ago to be used at trial. "It's more prejudicial that probative in this case," Tegeler said. "The defendant's right to a fair trial could potentially be obliterated."
Turyna is free on bond and next due in court June 5. No trial date has been set.
If convicted of attempted murder and the weapons charges, he faces a minimum of 26 years in prison.