Thursday, September 4, 2008 9:42 PM CDT
Resident of group home charged with aggravated battery
By DAVE FOPAY, Staff Writer dfopay@jg-tc.com
CHARLESTON — A 26-year-old group home resident is charged with causing the injuries that led to the death of another resident.
Robert Triston Gardner, a resident of the Graywood Foundation facility at 1511 B St., Charleston, was charged Friday with aggravated battery. Dustin T. Higgins, 21, the resident Gardner is accused of attacking, died early Monday.
Contacted Wednesday, State’s Attorney Steve Ferguson said his office is reviewing whether to file additional charges against Gardner in light of Higgins’ death.
According to police documents in Gardner’s case, he admitted to an investigating officer that he slammed Higgins to the floor “like a wrestler” and was seen by a group home employee hitting Higgins in the head several times. Gardner claimed he attacked Higgins because he was tired of Higgins stealing from him, the documents say.
Public Defender Lonnie Lutz has been appointed to represent Gardner. In court on Tuesday, Circuit Judge Teresa Righter granted Lutz’s motion to have Gardner examined by psychologist Jerry Boyd to determine if he’s mentally fit for trial. Righter scheduled the next hearing in the case for Oct. 14.
Mental fitness for trial concerns a suspect’s ability to understand the charges and help with the defense. If Gardner is found unfit for trial, he’d be kept in a state facility for treatment until he becomes fit, but no longer than the equivalent of the maximum sentence possible for the charge he faces.
The aggravated battery charge against Gardner can result in a prison sentence of two to five years upon conviction, though prison time isn’t required. He’s jailed with his bond set at a level where he’d have to post $10,000 to be released from custody.
Lutz declined to comment on the case Wednesday other than to point out his motion for the mental examination. He said the fact that Gardner is a group home resident means there’s “an indication of limitations.”
Higgins died at Carle Foundation Hospital, Urbana, to which he was transferred from Sarah Bush Lincoln Health Center on the day of his injuries. An autopsy Tuesday confirmed that he died from head injuries sustained in the incident, according to the Champaign County Coroner’s Office.
The police documents in Gardner’s case described him as “high-functioning and articulate.” Gardner also claimed that some group home employees also attacked Higgins, the documents say, and workers said Higgins frequently stole from other residents at the facility.
An employee said he heard a noise in Higgins bedroom, went to the room and found Gardner there, and then saw Gardner hit Higgins four or five times in the head, according to the police documents. Employees said they followed company procedure by notifying company managers before calling police, and initially didn’t think Higgins was injured seriously because “he sleeps a lot.”
Earlier, Graywood Foundation President Augustine Oruwari said two of the three employees staffing the home at the time have been dismissed and the third is under company investigation.
Contact Dave Fopay at dfopay@jg-tc.com or 348-5733.
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joiegirl78 wrote on Sep 3, 2008 1:01 PM: