He killed his grandma, investigators said, but was found unfit to stand trial. Here's what's next
Editor's note: Some crime scene detail in this story may be disturbing to read.
PEORIA — A Peoria County man will return to court later this year to determine if measures to make him fit to stand trial were successful.
Cody Krause, 28, is charged with first-degree murder in connection with the April 14 killing of his grandmother Glenda Rusterholz, 73. She was found in her living room with her face and skull crushed. Almost immediately, his attorneys filed for a mental health exam and, on July 8, he was found unfit to stand trial.
Being fit isn't the same thing as being sane. Fitness for trial means a person is aware of their surroundings and can assist their attorney with the case. That matters, as the justice system can't proceed if a defendant isn't aware of their surroundings or is unable to aid in their defense.
Krause is scheduled to appear in court in mid-October after being treated at a secure facility within the Department of Human Services. The order by Chief Peoria County Judge Katherine Gorman states there is a "substantialprobability that the defendant, if provided with a course of treatment, will attain fitness within one year."
Krause was taken into custody and later questioned at the Peoria County Sheriff’s Office, where he told officers he hit Rusterholz with a hammer an unknown number of times. He also told officers that he heard voices in his head, saying the voices stopped "when I killed her."
What happened in April
At 7 a.m. on April 14, deputies with the Peoria County Sheriff's Office were called to Rusterholz's home, 860 Kim Moor Road, on a report of trouble with a family member. When they arrived, they found Krause standing on a porch with a 2-pound mini sledge hammer. Deputies observed what appeared to be blood on the front of Krause's pants and boots, according to an affidavit for a search warrant filed in Peoria County Circuit Court.
Inside the house, deputies found Rusterholz. A large amount of blood was located on the wallabove her head and could be observed throughout the room, according to court records.
In Krause's room, deputies found several sexual devices located near his bed. Located with the sexdevices were wigs and children's clothing, the affidavit stated. In a box near his bed was what appeared to be a sex doll in the appearance of a small female child, according to court records.
From April:Man killed his grandmother with a hammer at their Peoria County home, prosecutor says
Krause allegedly told deputies that a day prior, on April 13, he had smashed some things in the house while his grandmother was gone. When she got home and saw the damage, she began to walk out – but he allegedly grabbed her neck and threw her down. According to investigators, Krause said that Rusterholz began "wailing" about how her arm was broken and things then escalated. That's when he started to attack her with his hands, feet and, eventually, the hammer, according to court records.
If convicted of all charges, Krause, who is charged with first-degree murder, faces at least 20 years and possibly up to life in prison.
This article originally appeared on Journal Star: Peoria County man accused of killing grandmother is unfit for trial
