No Decision on Commitment for Schmitt


Published on November 28 2012 10:47 am
Last Updated on July 14 2013 12:07 pm
Written by Greg Sapp

A decision on the commitment of Gary Schmitt will wait a little while longer.

Schmitt has been found not guilty of murder and aggravated battery by reason of insanity in the death of his father Jack in June 2010 and in the stabbings of Jodi Harris and her daughter Lauran Huntington at their home in Edgewood in January 2011.  A hearing was scheduled Wednesday to receive a report from McFarland Mental Health Center in Springfield that is to guide Judge Kimberly Koester in what treatment to recommend for Schmitt.

However, Judge Koester said during Wednesday morning's brief hearing that the report from McFarland was not received until late Tuesday, so there was little chance to digest the findings before the hearing.  The judge reset the hearing for 11am on Tuesday, December 11. 

Effingham County State's Attorney Ed Deters said the new date would accommodate Harris and others in attending the hearing.  The new date, though, falls after Deters leaves office on Friday.  Judge Koester appointed Deters "of counsel" to incoming State's Attorney Bryan Kibler who will represent the State at the hearing.  Deters said he would be glad to be of as much assistance to Kibler at the hearing as he desires.

In court, Deters said regarding the rescheduling, "We don't want to have it appear we were rushing this (the decision on commitment)" since the report wasn't received sooner.

Meanwhile, Schmitt will remain in the Effingham County Jail.  Judge Koester said there are no beds available at the time to reassign him to a treatment facility.