Fitness evaluation ordered for Waukegan man accused of killing cab driver
A Waukegan man accused of first degree murder in the shooting death of a cabdriver he was trying to rob will be evaluated for his fitness to stand trial in a development that surprised prosecutors and defense attorneys.
Lake County Judge James K. Booras on Wednesday granted the defense motion for Darryel Garner, 40, who has been in the Lake County jail since his arrest two years ago in connection with the death of Patrick Foster of Park City.
Garner was a passenger in Foster’s cab on March 13, 2010, when prosecutors say Garner shot Foster five times in the face, back and neck. Despite the severity of the injuries, Foster was able to climb in the back seat, subdue Garner and call police. Foster died the following May 24.
Relatives of both men were in Booras’ courtroom expecting Garner to plead guilty. But Assistant Public Defender Keith Grant said the “communication we had with Mr. Garner has broken down.”
He said Garner told him of having a “religious belief” that he is not subject to the laws of the state.
“We have some IQ issues and some delusional issues,” he told Booras. Grant declined to elaborate after the hearing.
“I’ll see what the experts in the field will tell me. If there is an issue of fitness, I don’t know,” Booras said. He set July 3 for status, with the trial to follow on July 9 depending on the results.
“If the defendant is fit, there’s no reason to continue anything,” Booras said. If Garner is found unfit, “Then we’ll take it in a different direction,” he added.
Assistant State’s Attorney Patricia Fix said being fit to stand trial means a defendant understands the role of the judge, lawyers and jury and possible penalties.
“It’s just surprising after two and a half years of representation, this motion is coming into the court file,” she said. “We were very excited and the family was excited. They could have some closure.”
Foster’s widow, Maria, sobbed after the proceeding.
“It’s not fair,” she said.
She was accompanied by her daughter, Hillary, 18.
“I expected this to be over,” said Hillary Foster. “I feel bad for Mr. Garner’s family. They have to see this when it could be ended.”
Garner’s parents declined to comment after the proceeding.