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Man charged in 2010 shooting death of taxi driver goes to trial Feb. 7

Darryel J. Garner

Darryel J. Garner

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Updated: March 3, 2014 5:05PM

The trial of a Waukegan man charged in the 2010 shooting death of Park City taxi driver Patrick Foster is scheduled to begin next Friday, with a final pretrial hearing set for Monday morning, Feb. 3.

Darryel Garner, 41, is charged with first-degree murder in the case, which was especially high-profile because Foster managed to subdue Garner until Zion police arrived at the scene, and then clung to life for more than two weeks before his death.

Although he has pleaded not guilty to the charges, officials said Garner admitted that he shot Foster several times intending to rob him while Foster was on duty as a taxi driver on the 3100 block of Lebanon Avenue in Zion in March 2010.

Garner was charged with murder after Foster died at Froedtert Memorial Lutheran Hospital in Milwaukee, more than two weeks after being shot.

Last fall, a motion filed by defense attorney Eric Rinehart and public defender Keith Grant to suppress Garner’s confession was denied by Lake County Circuit Court Judge James Booras.

The defense had claimed that Garner was intoxicated during questioning and therefore did not knowingly waive his Miranda rights.

Booras also denied a motion to exclude testimony from Zion Police officer Nathan Hucker, who arrested Garner, because prosecutors cannot provide videotapes of questioning that took place in Hucker’s squad car and a booking room a the Zion Police Station.

When Hucker arrested Garner, Garner was allegedly being held down on a driveway by Foster, who had been shot five times. Both men were described as being covered in blood.

Authorities and friends of Foster’s family said at the time that it was amazing Foster had been able to hold Garner on the ground until police arrived after being shot five times, with bullet wounds to his neck, back and jaw. He also called his wife twice after being shot.

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