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Crime & Safety

Elmhurst Man Charged in Fatal Hit-and-run Will Ask for Charges to be Dismissed

Also, Downers Grove man charged with burglary applies for Mental Illness Court, COD wants lawsuit dismissed and plea agreement may be near in Naperville home invasion case.

Here are a few of the cases we're watching in DuPage County Court.

Elmhurst—An Elmhurst man accused of a fatal hit-and-run in Aurora last year plans to ask a judge to dismiss charges against him. was expected to make the request during an Oct. 11 hearing, but Judge George Bakalis set Garza's next court date for Nov. 23 by which time his attorney will file the motion to dismiss charges of leaving the scene and failure to report an accident involving a death. Garza has pleaded not guilty to striking Robert Vincze, of Michigan, near Eola and Butterfield roads in December 2010. Garza left the scene before authorities arrived. Vincze later died of his injuries.

Downers Grove—The 20-year-old accused of Downers Grove charged with a summer burglary has asked to be placed in the county's pre-trial mental health program, while prosecutors are also seeking to revoke his probation from an earlier felony conviction. remains held in DuPage County Jail on the burglary charge. He applied on Oct. 11 to join the Mental Illness Court Alternative Program. A judge will consider the request at a Nov. 10 hearing. Meanwhile, the DuPage County State's Attorney's Office wants to revoke Walczak's probation and have him resentenced for a 2010 aggravated unlawful use of a weapon conviction. He pleaded guilty earlier this year to illegally having a revolver in his car. Since then, he has been arrested on a DUI and accused of not abiding by the terms of his probation, court records show.

Glen Ellyn—A hearing scheduled for Oct. 10 on College of DuPage's motion to dismiss a lawsuit filed over a was postponed, court records show. Attorneys for the college, in the motion filed in August, want a judge to throw out allegation made by William Kendrick. He has accused campus police of failing to prevent a beating he received. The school has argued Kendrick's claims are too vague and that its employees are protected from lawsuits relating to their duties. A judge rescheduled the dismissal motion hearing for Nov. 30.

Naperville—A plea agreement might be in the near future for one of the men accused in a earlier this year. During an Oct. 11 hearing, Clarence Guyton's attorney said he and prosecutors were discussing a possible deal, and asked for another hearing on Oct. 25. Guyton, of Naperville, and three other men are charged with breaking into a woman's apartment on Fairway Drive, threatening her and then taking her cell phone. Guyton, who has pleaded not guilty, remains in DuPage County Jail on charges of home invasion, armed robbery and residential burglary.

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