State won't commit mentally unfit man accused in fatal burning

State mental health officials have refused to involuntarily commit a McHenry County man accused of murdering a woman by setting her on fire, sending his case back to criminal court for further proceedings.

Authorities at the Elgin Mental Health Center determined Lawrence Hucksteadt does not qualify for an involuntary commitment, his attorney said Monday, meaning they believe he does not present an immediate threat to himself or others.

"Lawrence does not meet their criteria because he is taking his medications, he has family and support at home and his behavior while at Elgin has been completely appropriate," said Senior Assistant McHenry County Public Defender Christopher Harmon.

Hucksteadt, 46, remains mentally unfit to stand trial on charges of first-degree murder, aggravated arson and heinous battery stemming from a July 16, 2004 incident in which police said he poured gasoline on Ellen Polivka, 69, at a Woodstock mental health clinic and then set her on fire. Polivka, a receptionist at the clinic, died about a month later.

His case now goes back to the criminal justice system, where in October he will face a discharge hearing. The hearing is a triallike proceeding at which a judge will listen to evidence about the case and determine whether there is enough to find Hucksteadt guilty, not guilty by reason of insanity or not guilty.

If there is enough evidence to declare him guilty, Hucksteadt will return to a state mental health facility where authorities will have up to five more years to make him fit to stand trial. If not guilty by reason of insanity, he would be placed in an institution for perhaps the rest of his life.