Coroner's jury declares fight death a homicide
Relatives of Troy Simms, a 42-year-old who died Oct. 1 after a fight in an Elgin apartment, say they hope a Kane County coroner's jury ruling will lead to justice for him.
The jury Wednesday ruled that the South Elgin man's death was a homicide and that blame should be placed on Walter Tanner, 40, of Elgin, the man with whom he fought.
"Thank you, thank you," Simms' brother-in-law Michael Tyler Sr. cried after the verdict was read.
Police held Tanner for two days and then released him after the fight in a third-floor apartment on the 1200 block of Fleetwood Drive in the Buena Vista Apartments.
Simms' relatives said they believe Tanner should be charged with murder.
"If you kill somebody, you have to pay for it, even if it was an accident," Tyler said. "I don't understand how a man could just walk out the door and not be charged with anything."
Jody Gleason, head of the Kane County state's attorney's criminal division, said the coroner's ruling has no bearing on possible criminal charges.
She also noted an investigation into Simms' death is ongoing.
Elgin Detective Brian Gorcowski testified Wednesday that a man who was in the apartment with Tanner and Simms told police he was in the bathroom when the fight broke out.
The two exchanged blows and Simms struck Tanner with a soup can before the fight was broken up, police said. Simms fell to the floor unconscious and efforts to revive him failed.
Gorcowski testified that Tanner later acknowledged he argued and fought with Simms.
"(Tanner) stated that he defended himself and hit Mr. Simms back with no other object than his hands," Gorcowski said. "He couldn't believe (Simms was dead). He didn't think he was hurt that bad."
Tanner broke his right hand in the fight. He also had a crescent-shaped cut above his eye and a cut over his forehead from Simms' ring, Gorcowski said.
Deputy Coroner Amy Renwick testified that Simms had a swollen left eye, small cut on his head and a bloody nose. He also had a blood alcohol concentration of 0.18 percent and cocaine in his system.
The autopsy showed Simms died of blunt force trauma to the head. Simms, a restaurant cook, also had a head injury from a previous car accident.
Simms' friends and relatives said Wednesday he was not one to start a fight. They said Tanner owed Simms $180 and disputed reports that the fight started over a football game on TV.
"He wasn't a violent person," said Keith Johnson, pastor at the New Generation Church in Carpentersville. "He was a very calm, gentle man."