The woman Scott Turyna is accused of beating and trying to shoot in May 2016 told a judge Monday that she is "scared to death" of what will happen to her if a GPS tracker is removed from the St. Charles man.
"I have not had a restful or peaceful day since" the attack, his ex-wife testified.
But one of Turyna's sons told the Kane County Judge D.J. Tegeler that he would keep an eye on his father, who lives with him, if the monitor is removed. And since the incident, his father has not shown any signs or rage toward anyone, Joshua Turyna said.
The GPS monitor, which will stay on Turyna until at least late next month, tells Kane County authorities if he gets too close to his ex-wife or to one of the witnesses, a neighbor who came to the woman's aid.
Turyna faces a separate misdemeanor charge of violating that boundary last summer, in addition to charges of attempted murder, aggravated domestic battery and two counts of aggravated discharge of a firearm. His defense attorneys contend that their firm gave Turyna bad advice about where he could go and that Turyna was only trying to visit a bank near his former home.
Monday's hearing came about because the Kane County Board is removing funding for the court's electronic monitoring program from the 2018 budget.
Judges were told last week to start reconsidering the conditions of bond for 102 people who are either out in the community or are eligible for monitoring once they post cash bail. Some are on GPS monitors, which are used in domestic violence cases. Others are on home confinement, which uses another device. Court Services was to begin removing the devices at those defendants' hearings.
Prosecutors asked for Turyna's bond to be revoked or increased.
The ex-wife said she has moved several times in the last year so that Turyna won't know where she is, but that it is not an option for her now. But she testified, under cross-examination, that Turyna has not contacted her.
Turyna is charged with beating the woman, then his wife of 26 years. When she ran out of their house, neighbors passing by came to her aid. Turyna followed and shot at her five times, according to the charges.
One of those neighbors, who is being called as a witness, submitted a written statement Monday urging Turyna be put in jail if the GPS monitor is removed.
"If he is allowed to remain free, I fear Scott may dwell on his bleak future and do something desperate," such as kill her or her husband, who tackled Turyna, and then kill himself, she wrote.
Turyna is also wearing an alcohol monitor, as he is forbidden from drinking. The company that monitors that device may also offer one that adds GPS monitoring, his attorney said.
Tegeler directed attorneys to provide him with information about private GPS monitoring. He will review it at Turyna's next court date, Nov. 23.
Turyna almost testified Monday, being sworn in and taking the stand. But after Tegeler advised him that he could then be questioned by the prosecution and his answers could be used at trial, Turyna changed his mind.
Tegeler also ruled Monday that some of the statements Turyna made to St. Charles police when he was arrested will be allowed as evidence at his trial.
But not the one he made to an officer who asked Turyna, "Why am I here?" while he was handcuffed. Turyna replied, "I just shot my wife," according to police records.
That's because Turyna, who says he has almost no memory of what led up to his arrest, had not been advised of his constitutional rights to not answer police questions and to confer with a lawyer.
However, statements Turyna made to two other officers -- while sitting in a squad car and then in the booking room at the police department -- will be allowed because Turyna volunteered them without those officers asking him questions.
They include "I did what I did," "I know why you guys are here," "It's because of me," "You guys are completely right because I did what I did," "What happened had to happen," "I did what I did because she got out of line" and "I hit her and I shot her so it is probably going to be a felony," according to testimony from the officers.
One of the officers also testified that one of the bullets hit a neighbor's house.