BELLEVILLE, Ill. (AP) — An Illinois appeals court has overturned a lower court’s decision to dismiss a first-degree murder charge against an Indiana man in a 1-year-old boy’s death more than 40 years ago.
Sixty-five-year-old Gary Warwick of Portage, Indiana has twice been charged in the December 1972 death of Joseph Abernathy III.
Those charges were dismissed in both 1974 and again in 2014 when St. Clair County Circuit Judge Robert Haida ruled too much time had passed for Warwick to mount a proper defense.
The St. Louis Post-Dispatch reports the Fifth District Appellate Court in Mount Vernon on May 19 rejected the most recent ruling and sent the case back to Haida.
Warwick can appeal to the Illinois Supreme Court.
- Posted June 13, 2016
- Tweet This | Share on Facebook
Court overturns dismissal of 1972 infant death case

headlines Macomb
- Macomb County Meals on Wheels in urgent need of volunteers ahead of holiday season
- MDHHS hosting three, free virtual baby showers in November and December for new or expecting families
- MDHHS secures nearly 100 new juvenile justice placements through partnerships with local communities and providers
- MDHHS seeking proposals for student internship stipend program to enhance behavioral health workforce
- ABA webinar November 30 to explore the state of civil legal aid in America
headlines National
- Facing deadline, California debates way forward on bar exam
- ACLU and BigLaw firm use ‘Orange is the New Black’ in hashtag effort to promote NY jail reform
- Jury awards nearly $60M to former police officer for wrongful prosecution in sex assault case
- Court clerk staffers in New Orleans dig through landfill to find wrongly tossed court records
- Once-jailed county clerk asks Supreme Court to overturn right to same-sex marriage
- Person accused in machete attack among those with dropped charges amid defense lawyer work stoppage