Posts Tagged ‘court hearing’

Amtrak Conductor Testifies He was in Shock That Passenger Shot Him Last May at Naperville Station

December 21, 2017

The Amtrak conductor who was shot by a passenger last May near Chicago said in court this week that he was “in shock” when his assailant pulled out a gun and shot him.

Michael Case testified during a discharge hearing for the alleged gunman, Edward Klein.

A judge earlier had determined that Klein was not fit to stand trial, but DuPage County judge Jeff McKay will determine if the 80-year-old Klein will be acquitted or that there is sufficient evidence to prove his guilt.

If the latter, Klein would likely be sent to a state mental health facility. He would not face a prison sentence because of his mental health. McKay said on Wednesday that he will announce his decision on Jan. 5.

Testifying in court, Case, 46, of Homewood, Illinois, said he was trying to help an elderly passengers aboard the eastbound Southwest Chief when the man opened fire.

Case said he doesn’t remember if he felt pain after being shot once in the abdomen.

The shooting occurred last May during a scheduled station stop in Naperville, Illinois.

Medical professionals who have examined Klein have said he is displaying dementia-like symptoms and is unlikely to regain mental fitness.

Case testified that Klein seemed “discombobulated” when he entered a sleeping car and asked where he could find the library.

Klein was ticketed to travel to Milwaukee with a connection at Chicago Union Station. Case said he prevented Klein from disembarking in Naperville because he knew he was traveling to Milwaukee.

Case said he had unloaded baggage and when he returned to the doorway of a Superliner car he said Klein was standing inside, holding a snub-nosed revolver, and showing “a look of anger.”

After being shot, Case said he turned and ran a short distance. A passer-by and station agent came to his aid while others wrestled Klein to the ground and kept him immobile until police arrived.

Naperville police Officer Anthony Cimilucca took Klein into custody and recovered a gun from him.

Cimilucca testified that Klein said he was angry because he was prevented from leaving the train.

“I was so frustrated,” Klein said on video recorded in the backseat of Cimilucca’s squad car. “I had no alternative,” Klein said at another point, later adding, “I’m not crazy, OK?”

Case was hospitalized for two months and will have another surgery in January.

He said in court this week that he hopes that Klein is placed where he can get help but not allowed to leave. “I really want to put this behind me — in the rear view mirror,” Case said.

During closing arguments, assistant state’s attorney Michael Fisher described the incident as a no good deed goes unpunished case.

“Case was simply trying to do the right thing by helping an elderly man get off at the right train stop, and he paid dearly for it,” Fisher said.

Assistant Public Defender Jen Maples called the shooting the result of a “general, unfocused chaos.”

She said prosecutors had not provided sufficient evidence of intent, a key element of an attempted murder charge, and said that mental evaluations done on Klein after he was arrested showed him to be “an incredibly confused man suffering from neuro-cognitive disorder.”