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Report: J’burg man still not fit for trial

Resident, 23, charged in stabbing death of mother

Published: Wednesday, March 6, 2013 4:48 p.m. CDT • Updated: Thursday, March 7, 2013 12:12 a.m. CDT

WOODSTOCK – A Johnsburg man accused of killing his mother has been receiving treatment for more than a year but is unlikely to become mentally competent to stand trial, according to a psychiatrist's report.

Raymond E. Davis, 23, is charged with first-degree murder in connection with the stabbing death of Carol Schritz, 58, in November 2011 at her home in the Pistakee Highlands area near Johnsburg. Schritz suffered a single stab wound to her right upper chest.

On Wednesday, a hearing was held regarding Davis' mental fitness, which includes his ability to understand the charges against him and assist in his defense. Insanity is a separate issue dealing with whether defendants are able to tell the difference between right and wrong while committing a crime.

"The law says he must be made fit within a year," said Davis' attorney, Assistant Public Defender Kim Messer. "He's already passed that year."

McHenry County Judge Sharon Prather found that Davis remains unfit despite treatment. As a result, a discharge hearing has been scheduled for May 17, which is similar to a bench trial but with more relaxed evidence rules.

At the hearing, Prather can acquit Davis of the crime, find him "not not guilty" and send him for additional treatment, or find him not guilty by reason of insanity.

The last option is the most likely outcome. In that case, Davis would be committed to a mental health facility for a time period similar to what he would serve in prison if convicted – 60 years.

Davis has a history of mental health issues, having been in and out of institutions for five years before the alleged murder, his family has said.

His brother, Greg, previously said that Davis was released after posing a threat to hospital staff and other patients before being transferred to a different facility, where doctors eventually said he was stabilized.

Davis then was released to a halfway house, but didn't last long there and was sent to live with Schritz. He was back at her home for a week before the stabbing.

Schritz had taken out an order of protection against her son in 2008, saying that he suffered from bipolar disorder and schizo-affective disorder with paranoid features. She said that Davis had threatened her with a butcher knife.

The jail reported that when Davis initially was arrested, he pulled out all of his fingernails and toenails without appearing to experience any pain.

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