Judge finds man insane in murder case

A DuPage County judge ruled Friday morning that David Martinez Villareal was legally insane when he attacked an elderly couple out feeding birds in West Chicago.

The ruling means the 24-year-old man will be treated in a high-security state mental institution rather than be sent to prison.

Circuit Judge George Bakalis found Villareal not guilty by reason of insanity of first-degree murder, aggravated vehicular hijacking, vehicular invasion and aggravated battery of a senior citizen.

State mental health officials are expected in the next 30 days to draft a treatment plan, which will include the location of Villareal's placement.

Villareal will have to get a judge's approval before being released into society again, but his attorney said he doubts that is likely given the severity of the defendant's mental illness and crime.

"I'm relieved," said Jeff York, a senior assistant public defender, after the judge's ruling. "I think it would have been difficult for him with his disease to be in prison. He wouldn't have received the treatment he needs and, without that, he would have been victimized."

A handcuffed Villareal showed no outward reaction before sheriff's deputies escorted him back to his jail cell. His mother, Maria, thanked her son's attorneys afterward. She has attended most if not all his court hearings.

Two forensic psychologists found after examining Villareal that he suffered from schizo-affective disorder, which is a psychotic disease that causes impulsive behavior, depression and anger. The experts also said Villareal suffered from delusions and hallucinations.

They agreed he could not appreciate the criminality of his conduct on Jan. 8, 2006, because of his mental disease.

Bakalis had three possible verdicts - not guilty by reason of insanity; guilty but mentally ill; or just plain guilty. He said the insanity verdict was the only one he could reach since prosecutors did not present any evidence at trial contrary to the two experts' findings.

"To ignore the only evidence presented would be incorrect," Bakalis said.

Mireille Ellberg and her husband, James, often spent their Sunday mornings driving around town in search of birds, ducks and stray cats to feed.

But the West Chicago couple's tradition ran into unexpected violence when they encountered Villareal, who was smoking a cigarette outside his apartment on the 800 block of Main Street.

Villareal reached into the couple's pickup truck through an open door and repeatedly pummeled the 65-year-old man in the face.

Villareal is accused of turning his attention to the 71-year-old woman after she stepped out of the truck and shouted at him. Villareal punched her in the face and, as she lay on the ground, he repeatedly kicked her.

James Ellberg rushed to the front of the truck to intervene. Villareal punched and kicked the man to the ground. Authorities accused Villareal of running over the unconscious woman while fleeing.

Mireille Ellberg never fully regained consciousness. She died at age 72 on March 1, 2007, nearly 14 months after the violent clash.

Villareal did not have a prior criminal history.

His attorneys, York and Jaime Escuder, also a senior assistant public defender, argued Villareal was legally insane at the time of the unprovoked crime. They said Villareal had stopped taking his medication several days before the attack after complaining of headaches and, on Jan. 8, 2006, became consumed by voices in his head that ordered him to attack the couple, whom he believed to be murderous descendants of Spaniards involved in the historic conquest of Mexico.

He had a well-documented mental past dating back to when he was a teen that included hospitalizations. In one psychotic episode, Villareal forced his mother to wear a blindfold and count from 100 backward in July 2005 after confusing her for a historic figure in Mexican history.

Bakalis found Villareal temporarily unfit to stand trial in June 2006 but experts agreed he had improved while treated at a state mental hospital. A treated Villareal returned to the DuPage County jail that fall to await trial.

State law requires his period of detainment in the institution to be based on prison sentencing guidelines for the crime. So, Villareal cannot be held more than 60 years.