Tuesday, November 25, 2008 9:42 PM CST
Court hearings reset in group home case
By DAVE FOPAY, Staff Writer
dfopay@jg-tc.com
CHARLESTON — New hearing dates were set in court Monday for three of the five people charged in connection with the Aug. 24 attack and subsequent death of a Charleston group home resident.
The hearing for one of the suspects, Edward E. Flexter, who is also a resident of the home, was reset for today. Another home resident, Robert T. Gardner, and a former employee of the home, Christopher Phillip Oliver, were both ordered to return to court on Dec. 1.
Oliver, 25, 117 W. Polk Ave., Charleston, is charged with first-degree murder and other offenses in connection with the death of Dustin T. Higgins at the Graywood Foundation home at 1511 B. St. in Charleston. In court Monday, he was given until his next hearing to hire an attorney.
Flexter and Gardner, both 27, were charged in September with aggravated battery for allegedly attacking and beating Higgins at the home. Higgins died from his injuries a few days later at Carle Foundation Hospital in Urbana.
Also charged with first-degree murder as well as other offenses is Daniel Clark, 22, of Chicago, another former employee of the home, who has yet to appear in court and was reportedly working with an attorney to arrange his surrender.
State’s Attorney Steve Ferguson has said Oliver and Clark are charged with murder because they or someone for whom they were accountable allegedly beat Higgins, knowing it could kill or greatly harm him. The two employees didn’t necessarily have to have been involved in the attack for that to apply, according to Ferguson, but he said there are indications that they were.
Oliver and Clark were charged last week and also accused of involuntary manslaughter, which differs by alleging they might not have reasonably thought Higgins would die, and with neglect of a person with disabilities and abuse of a person with disabilities.
Another former employee of the home, James R. Wynn, 26, 634 W. Elm St. Lot. 162, Charleston, is charged with obstructing justice and is accused of lying to investigating police officers about where he and other clients of the home were when Higgins was attacked. He’s also scheduled for a Dec. 1 hearing.
All three of the employees were dismissed from their jobs after the attack on Higgins was discovered, according to Graywood officials. All but Clark and Wynn remain in jail pending the posting of bond.
Contact Dave Fopay at dfopay@jg-tc.com or 348-5733.
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eugene wrote on Nov 27, 2008 7:04 PM: