Monday, December 1, 2008 10:16 PM CST
Group home death suspect pleads not guilty; others accused also in court
By DAVE FOPAY, Staff Writer
dfopay@jg-tc.com
CHARLESTON — A former employee of a Charleston group home accused of contributing to the death of a resident pleaded not guilty to first-degree murder and other charges Monday.
Daniel J. Clark, 22, of Dolton in the Chicago area, was one of four suspects charged in connection with the August death of Dustin T. Higgins to appear in court Monday. Clark is one of three former employees and two residents of the Graywood Foundation home at 1511 B. St. to be charged in connection with Higgins’ death.
Clark and Christopher P. Oliver, 25, 117 W. Polk Ave., Charleston, are charged with first-degree murder, involuntary manslaughter and offenses relating to allegedly failing to properly care for Higgins. Oliver also appeared in court Monday and another hearing in his case was scheduled for Dec. 15.
The other suspects who had hearings Monday were Robert T. Gardner, a resident of the home, and James R. Wynn, a former employee who’s accused of lying to police concerning their investigation of Higgins’ death. Gardner, 27, was scheduled for another hearing on Dec. 15, and Wynn, 26, 634 W. Elm Ave. Lot 162, Charleston, will return to court on Dec. 22.
Gardner and Edward E. Flexter, also 27, are charged with aggravated battery for allegedly attacking and beating Higgins at the home. Higgins died from his injuries a few days after the attack at Carle Foundation Hospital in Urbana.
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.
In court Monday, Urbana attorney Steven Beckett said Clark would waive his right to a preliminary hearing, meaning Circuit Judge Teresa Righter could order the case to continue without first hearing about some of the prosecution’s evidence and deciding if it was justified. Clark is free on bond.
Oliver, who’s still in custody with bond set where he’d have to post $15,000 to be released, indicated that he’s hired Chicago attorney Thomas Brandstrader to represent him. The next court date was set for Oliver’s preliminary hearing, and that’s what Wynn’s next hearing is for as well.
Attorney William McGrath was appointed Monday to represent Wynn, who’s free on bond.
Flexter’s last court appearance was on Nov. 25, when attorney Jeannine Garrett filed a motion to have him examined for his mental fitness for trial, and no other court dates were set. There’s also a pending examination for mental fitness in Gardner’s case.
Mental fitness for trial applies to whether a suspect can understand the charges in a case and can assist with the defense. It’s not same as an insanity defense.
All three of the employees were dismissed from their jobs after the attack on Higgins was discovered, according to Graywood officials.
Contact Dave Fopay at dfopay@jg-tc.com or 348-5733.
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Texas T wrote on Dec 1, 2008 8:13 PM: