Detention hearing underway for man charged in attempted murder of Amtrak conductor in Naperville
Michael Case walked into a DuPage County courtroom Monday and came eye to eye with the man accused of his attempted murder for the first time since May 16 when Case says Ed Klein looked him in the eye and fired a .38 caliber bullet into Case's abdomen.
But he was unfazed.
"It was fine," Case said, after testifying at the detention hearing for the 80-year-old man from West Allis, Wisconsin. "I really just want to put this behind me in the rearview mirror."
Klein, 80, was found mentally unfit to stand trial in October. He has been held on $1.5 million bail, charged with two counts of attempted first-degree murder and one count each of aggravated battery, aggravated discharge of a firearm and aggravated unlawful use of a weapon.
Doctors, in their reports, have diagnosed Klein with an impaired cognition disorder and dementia, and said Klein suffers from a major neuro-cognitive disorder.
Case testified during Monday's detention hearing, where prosecutors still must prove the charges beyond a reasonable doubt, that Klein was disoriented and frustrated during an Amtrak trip from Kansas City to Chicago and demanded to get off the train in Naperville.
Case, who was aware of a plan to escort Klein at Union Station and get him home safely to Wisconsin, closed the train doors to keep the "enraged and belligerent" Klein on the train.
Case said he was assisting other customers with their baggage and preparing to continue on to Chicago when he saw Klein reach out an open window and fire a single shot at Case with a .38 caliber revolver.
Case was shot in the abdomen and spent six weeks in the hospital recovering from his injuries.
Case has a third and hopefully final surgery scheduled for Jan. 3. A successful recovery there and he hopes to eventually return to work.
In police dashcam footage shown during Monday's hearing, Klein tells officers he threw the gun out the window, but it was later found in his pants pocket during a search.
If DuPage Judge Jeffrey MacKay rules Wednesday that prosecutors proved their case, a decision will be made whether to involuntarily commit Klein to a mental health institution. If not, Klein will be released.
Closing arguments in the hearing are scheduled for 9 a.m. Wednesday in courtroom 4014.