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Hazzard found not guilty by reason of insanity

Posted January 09, 2015 10:00 pm

By Staff Report The Herald Tribune

On January 7, 24-year-old Donald M. Hazzard, formerly of Bloomington and a former inmate at the Menard Correctional Center, was found not guilty by reason of insanity on the charge of second degree murder by Judge Richard A. Brown.

Hazzard was originally charged with the offense of first degree murder regarding the death of his cellmate at the Menard Correctional Center, following a fight between Hazzard and his cellmate, on January 26, 2013.

However, before a stipulated bench trial was held on January 7, 2015, the state moved to amend the charge from first-degree murder to second-degree murder.

After stipulating to the evidence in the matter, the defense presented a stipulation Hazzard was suffering from a mental illness on January 26, 2013 which affected his ability to appreciate the criminality of his conduct when he struck his cellmate.

Judge Brown, after finding the State had proven its case beyond a reasonable doubt, then found the Defendant had presented clear and convincing evidence Hazzard did not appreciate the criminality of his conduct.

Hazzard was remanded to the Department of Human Services (DHS), on an inpatient basis, and will be held in DHS until an evaluation can be completed to determine if Hazzard will be in continued need of inpatient services.

"The term not guilty by reason of insanity is a little deceiving," said Randolph County State's Attorney Jeremy Walker. "Mr. Hazzard was technically found guilty of the offense as we had to present evidence to convict him.

"The law provides if the evidence is sufficient to convict, and the defense presents evidence to show the court the defendant did not appreciate the criminality of his actions, there is the insanity finding. Again, the evidence must first be there to convict or the insanity defense is irrelevant."

Walker said the case finished up three murder cases his office received from Menard in 2013.

"Of the three cases, this was by far the most interesting and unique," Walker said. "Mr. Hazzard struck his cellmate during an altercation and the cellmate was sent to the hospital.

"After a few days in the hospital, the victim returned to Menard. However, several weeks later, he died. The doctor conducting the autopsy linked the death back to the original injury."

"During the investigation of this matter, it became apparent self-defense was going to be a possible defense asserted by the Defendant.

"Based on that information, we elected to try him on second degree murder, which means the Defendant acted on a belief of self-defense, but it was unreasonable."

Walker said the investigation revealed a lengthy history of extreme mental illness suffered by Hazzard.

"Shortly before the release of the Defendant from DOC, Mr. Hazzard maxed out his DOC time and was transferred to our county jail," Walker said. "During this time he was found unfit to stand trial on two separate occasions and has spent most of the last year at the Chester Mental Health Center.

"Based on the records received from DOC and DHS, it became apparent Mr. Hazzard suffers from a severe mental illness and defense counsel and myself worked together to achieve an outcome that will give Mr. Hazzard an opportunity to address his mental illness."

The not guilty by reason of insanity finding could require Hazzard to stay in DHS for up to 15 years.

"An NGRI finding is not like you see on TV where the Defendant goes home and is not punished," Walker said. "The Chester Mental Health Center is full of people who were found NGRI for very serious crimes, such as this.

"They are required to stay there until the mental illness issues are resolved, or they are then committed in civil court if they still suffer from a mental illness at the expiration of the time they can be held.

"After looking at all of the evidence and mitigating factors for the Defendant, it became apparent to me DHS was a better place for him, rather than DOC."

Walker said he knew "from the start" that this case had the most merit for a self-defense claim.

"If Mr. Hazzard successfully defended this case on self-defense, we would have had an extremely mentally ill individual free in society," Walker said. "I made the decision to proceed this way to ensure that did not happen."

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