The Jury Trial for Daylon Richardson has been postponed due to “logistical issues” following a Motion Hearing on December 4, 2023, where State’s Attorney Cathy Runty and Defense Attorney Bruce Carmen presented their motions to Judge Kauzlarich. The Jury Trial is now scheduled for February 12-16, 2024, beginning at 9 AM each morning and ending testimony by 4 PM each day. The Defense filed a Motion to Strike Count 2 because Attorney Carmen said that “Fleeing the police” should not be in the Jury instructions because it’s irrelevant based on the way it’s charged. Count 2 is Murder with a strong probability to kill or injure. Count 1 is Murder with the intent to kill or injure. Both parties were instructed to send the Jury instructions to Judge Kauzlarich to assist in her decision. The Defense motion in limine regarding Basil Dudley was withdrawn. The Defense motion in limine to remove jury instructions and testimony to the Jurors regarding Daylon Richardson’s dog being in the car at the time of the incident was granted. No testimony was provided regarding the medical status of the dog following the accident.
The Defense filed a motion to reconsider the ruling on shots fired because the defendant pleaded guilty to possession of a weapon during the open plea and it doesn’t add great probative value to the murder charges. The State believes the original ruling should stand because the State is still allowed to provide evidence to the charge even though the defendant pleaded guilty to possession of a weapon. Attorney Carment said, “It’s done to dirty my client up in the eyes of the jury”. State’s Attorney Runty said this was one long incident and it’s assumed that video and audio evidence will be edited to show the events of this continuous incident. The Jury would decide if the shots fired were to get away from the police or attempt to harm someone.
The State’s second motion in limine is asking the court to limit the manner or language that Attorney Carmen will be allowed to use in his Defense of this case. State’s Attorney Runty said, “It’s a language concern”. The State requests that the Defense not be allowed to say off-duty or on-duty when referring to Deputy Weist’s work status on that morning. State’s Attorney Runty said the statute refers to the actions by Police Officers as being in the course of official duties and not whether they are on-duty or off-duty. The State said it would be misleading or confusing to the jury to change the language from the jury instructions and statute to a different connotation. The State must prove that Deputy Weist was in the course of his official duties, not if he was on or off duty. The State requests that the Defense be required to argue within the limitation that the State must follow. Attorney Carmen said, “She’s trying to put a square peg in a round hole”. Attorney Carmen said the statute should be construed in a manner favorable to the defendant. Attorney Carmen said his client is facing natural life in prison if convicted. Attorney Carmen said he may use the terms off-duty or on-duty but the State can argue against it. Attorney Carmen said that if Ms. Runty gets to argue about the shots fired, then he gets to argue that Deputy Weist put down stop sticks in Henry County and that he was off-duty.
Judge Kauzlarich will provide written rulings on the motions to State’s Attorney Runty and Attorney Carmen by December 18, 2023.
Richardson pleaded guilty to Possession of a firearm by a felon (Class 2 Felony) and Aggravated Fleeing to Elude (Class 4 Felony) on October 23, 2023, which was the first day of his trial but potential jurors were excused when the trial was continued to January. Daylon Richardson faces two counts of First Degree Murder at his Jury Trial in February. Attorney Carmen intends to instruct the Jurors in his opening statement that they have to option to find Mr. Richradson guilty on a lesser equal charge, such as Reckless Homicide instead of Murder.
Daylon Richardson is accused of killing Deputy Nicholas “Nick” Weist after the vehicle he was driving is alleged to have struck and killed Deputy Weist on Highway 15o in Henry County while Deputy Weist was deploying stop sticks. The Galesburg Police responded to a call of a male subject with a gun at the Circle K gas station around 8 AM on April 29, 2022. Galesburg police attempted a traffic stop on the green Ford Taurus but the subject fled at a high rate of speed north on Henderson. Around Knox County Road 2700, the driver of the vehicle allegedly shot three times at the pursuing officers.
