LOYAL. LOCAL. COMPLETE.
Publisher’s note: This is an evolving story. The Prairie Press will provide additional updates as they become available. All suspects are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
PARIS – Tyler Poole, 27, the man accused of killing Paris resident Charles “CK” Nay in July 2023, will soon have his day in court, but not for a traditional jury trial.
Poole was first arrested on July 21, 2023, and charged with first-degree murder in connection with Nay’s death. Nay passed away Saturday, July 22, following an attack that occurred Thursday, July 20, in front of Tiger Senior Apartments, where the then 59-year-old Nay was a resident.
After facing delays in admitting Poole to the Illinois Department of Human Services (DHS) for a fitness evaluation, he was finally deemed unfit to stand trial in November 2023. A year later, reports indicate the same is still true.
“Based upon the report, I don't think it's likely that the defendant will be found fit within the 12-month period of time,” Judge David Lewis explained during Poole’s most recent 90-day fitness hearing on Monday, Nov. 18.
Poole was present for the hearing, accompanied by guards from the DHS.
Illinois law gives state authorities a year-long window to rehabilitate defendants who are found mentally unfit. With Poole’s year now expired, the prosecution faced three choices on Monday: remand Poole to the custody of the Department of Human Services and order a hearing pursuant to the Mental Health and Developmental Disabilities Code, release him and dismiss his charges with prejudice or schedule a discharge hearing (725 ILCS 5/104-23).
Michael Havera, a member of the Illinois State’s Attorneys Appellate Prosecutor’s (ILSAAP) Special Prosecution Unit, requested a date be set for a discharge hearing.
A discharge hearing is conducted to determine whether the evidence against a defendant is sufficient to meet the prosecution’s burden of proof. A judge, not a jury, determines the result of the hearing.
Both the state and the defense “may introduce evidence relevant to the question of (the) defendant’s guilt of the crime charged” during the hearing, according to the Illinois Compiled Statutes (725 ILCS 5/104-25).
If the state fails to meet the burden of proof in a discharge hearing, the defendant is to be acquitted of all charges but can still be referred back to the DHS for treatment. If the defendant (Poole) is not acquitted, he could be remanded for further treatment in a continued effort to make him fit for trial. In Pool’s case, his first-degree murder charge would warrant as many as five years of additional treatment if he is not acquitted.
If a defendant is still found unfit after their discharge hearing and second treatment period, the court may weigh admitting them for further treatment, especially if they are deemed a threat to the public.
A subsequent hearing was set for Friday, Nov. 22, to schedule Poole’s discharge hearing.