By LISA HAMMER
The Dispatch/Rock Island Argus
Circuit Judge Norma Kauzlarich on Tuesday issued rulings in favor of the prosecution in the pending murder trial of a Granite City man for the death of Knox County Deputy Nicholas Weist on April 29, 2022.
Daylon K. Richardson, 24, is set to go on trial before a Henry County jury the week of Feb. 26.
Kauzlarich ruled the state can amend the charges with the appropriate language required for a natural life sentence instead of 20 to 60 years.
She also ruled the state can introduce evidence of Richardson firing shots at Knox County deputies who were pursuing him on US 150.
Richardson’s attorney Bruce Carmen had argued that because Richardson has already pleaded guilty to the counts involving being a felon in possession of a firearm and aggravated fleeing and eluding, there was no longer an argument as to the course of conduct contained in the charges and therefore, the prejudice against the defendant outweighed the probative value of testimony or evidence presented by the state.
Kauzlarich noted “other crimes” evidence is not admissible simply to show propensity to commit a crime, but it is admissible for any reason other than propensity, for example, to show motive.
“The evidence sought may go to motive and at the very least it is part of the continuing narrative of the events of that day and as to the state of mind of all of the actors involved in those day’s events,” wrote the judge. “The probative value far outweighs any prejudicial effect in this matter. For the foregoing reasons the court is denying reconsideration of its previous ruling and the evidence and testimony of the shots fired is allowed to be introduced at trial.”
In the second matter, Kauzlarich noted the state indicated the penalty was natural life on the charging documents, but the penalty for conviction of murder without any enhancement factor existing at the time of the offense is 20 to 60 years in prison. She further stated the enhancement factor needs to be spelled out in the charging instrument or otherwise provided to the defendant through written notification before trial.
She stated in Richardson’s case, the charge does not contain any aggravating factor other than “while fleeing from the police in a motor vehicle.”
“The state is given leave to file amended charges with appropriate language,” she concluded.
According to prior court testimony, Richardson led Knox County deputies on a chase that went into Henry County after being seen with a gun at a Galesburg gas station. Weist was killed as he put out stop sticks on US 150, which were successful in stopping Richardson.
This story is being republished with permission from the Moline Dispatch/Rock Island Argus.
