Motion filed to suppress confession in murder of taxi driver
By Jim Newton email@example.com September 5, 2013 3:06PM
Darryel J. Garner
Updated: October 7, 2013 1:11PM
A Zion police officer testified Thursday that Darryel Garner did not seem intoxicated after allegedly shooting 44-year-old taxi driver Patrick Foster of Park City, who died about two months later as a result of his wounds.
Defense attorneys for Garner, 41, of Waukegan, have filed a motion to suppress the confession Garner made at the Zion Police station in the hours following the shooting, arguing in part that he was intoxicated at the time of his interrogation.
In a hearing before Judge James Booras Sept. 5, Zion Police officer Nathan Hucker, who arrested Garner, repeatedly stated under questioning by Assistant State’s Attorney Jeffrey Pavletic that Garner was not slurring his words, stumbling, ranting or acting fatigued at any point during the arrest and booking process in the early morning hours of March 13, 2010.
Hucker said that when officers arrived, Garner was being held down by Foster in a driveway on the 3100 block of Lebanon Avenue, where Foster’s taxi was found touching a house.
Foster told officers he was shot, and when he rose off of Garner, Hucker said he could see that Foster was covered with blood, and that Garner had blood on his clothing as well.
Hucker said he handcuffed Garner and drove him to the police station, a trip that took three or four minutes, and brought him to a booking room to begin the booking process. He testified that Garner did not seem drunk at the scene, in the car or at the station, and that the only time he detected a “faint” odor of alcohol was in the booking room.
But defense attorney Eric Rinehart presented Hucker with the police report made out in the booking room and Hucker acknowledged that he had circled alcohol on the report and checked “yes.”
While Hucker said he did that as a result of the “faint” smell of alcohol in the booking room, Rinehart noted that someone wrote “pint of hard alcohol” on the arrest report and Hucker said that another officer had written that on the report.
Hucker also acknowledged under questioning from Rinehart that he had written “alcohol” on the jail log under “cautions” after Garner was placed in a jail cell.
Rinehart and Public Defender Keith Grant are seeking to have the confession suppressed because Garner was “severely intoxicated and fatigued” and could not have knowingly waived his Miranda rights.
The motion also claims that police did not videotape Garner’s full interrogation and statement, and that missing portions include Garner’s “alleged waiver of Miranda.”
Following the testimony, Grant requested copies of the squad car videotape taken when Garner was transported and video of the time Garner spent in the booking room.
Booras continued the hearing until Sept. 18.
Garner was charged with first-degree murder after Foster died in May 2010 at Froedtert Memorial Lutheran Hospital in Milwaukee.
Both authorities and friends of Foster’s family said at the time that it was amazing Foster had been able to subdue Garner until police arrived, call the police and call his wife twice after being shot five times, with bullet wounds to his neck, back and jaw.
Officials said that in his confession, Garner told lead detective Jay Labonne that he shot Foster several times, “intending to rob” him, and that he was jobless and depressed.