Woman charged with killing Algonquin couple found fit to stand trial, say doctors and judge

A McHenry County judge ruled Thursday the mental health of a woman charged with killing a couple in their Algonquin home in 2020 has been restored, despite the woman not taking one of her antipsychotic drugs and telling the judge “I don’t think I’m fit to stand trial.”

Arin M. Fox, 40, was charged with first-degree murder, possession of a stolen vehicle, aggravated battery and domestic battery in the deaths of Noreen S. Gilard, 69, and Leonard J. Gilard, 73.

She is accused of stabbing the couple to death between Nov. 6 and Nov. 7, 2020, according to the indictment, and then taking off in their Buick to Douglas County, Colorado, where she was arrested Nov. 8, police said at the time.

Fox, who lived at the Gilards’ home with her boyfriend, the couples’ son, was extradited about three months later to the McHenry County Jail.

When she arrived at the jail in February 2021, her attorney Assistant Public Defender Ryan Ahern raised a bona fide doubt as to her fitness for trial and requested that Fox be evaluated. Fox, who has a history of mental illness, was evaluated by forensic psychologist Betsy Lohr from Mathers Clinic. At that time, Lohr determined Fox was mentally fit.

In October 2021, Fox was evaluated again because, Lohr said, she was experiencing signs of mental illness, such as hallucinations and delusions. Lohr said Fox has a history of schizoaffective disorder and bipolar depression and is not always compliant with taking her medications.

About four months later, Fox was transported to the Illinois Department of Human Services in-patient facility in Elgin, according to testimony Thursday during Fox’s fitness hearing before McHenry County Judge Robert Wilbrandt.

Initially, doctors said she should be restored to fitness after three months of in-patient treatment, but because she would not cooperate with evaluations, activities or take her medication properly, the process took a bit longer, said Lohr and Assistant State’s Attorney Ashley Romito.

In April, she began cooperating and was deemed by two doctors with the Illinois Department of Human Services to be restored to mental fitness and able to participate in her defense, Romito said. She was subsequently returned to McHenry County Jail.

When Fox returned to the jail, she was in isolation for the first 10 days due to the jail’s COVID-19 quarantine protocol. Lohr evaluated her May 2 and also found that her mental health was restored, Lohr said.

But when she evaluated Fox a second time, two weeks later, Fox would not come out of her jail cell and Lohr had to speak to her through an opening in the door. She said Fox made eye contact but stayed on her bunk. She learned that Fox was not taking one of her antipsychotic medications. Fox was prescribed several medications to stabilize her moods, manage psychosis, a seizure disorder and insomnia.

Lohr said Fox told her the drug makes her hear voices like there is a “crazy woman” in her head. She also said Fox has said she wants to return to the mental health facility in Elgin where she likes the food better, can socialize and has phone privileges. She also liked that the facility allowed her to take her medications with Gatorade as opposed to water, which is what the jail provides, Lohr said.

Lohr said even though Fox is not taking the one prescription and she sees some signs of her mental illness emerging, she still thinks Fox has been restored to fitness and can aid in her trial.

Fox is social, is eating, has a ”comprehensive understanding” of her circumstances and the legal process, and is able to “handle herself appropriately for trial,” Lohr said. She also makes good eye contact, has good memory and seems well oriented with her surroundings.

On cross-examination, Lohr told Fox’s defense attorney that being in isolation, such as Fox was when she returned to the jail in April, could “trigger psychosis.”

She said she also thinks that Fox risks increasing her auditory delusions, hallucinations and psychosis if she does not take the prescription, but did not feel that her current delusions were “severe.”

The doctor also said it is possible Fox is not taking her medication so that she can go back to the mental health facility where she likes it better and where she was compliant with her medication.

When Wilbrandt asked Fox if she had anything to say, Fox said, “I don’t think I’m fit to stand trial. I’m not taking my Geodone,” referring to the brand name for the antipsychotic drug ziprasidone.

Ahern echoed his client, reiterating she is not compliant, is not fit to stand trial and “could deconstruct at anytime.”

Romito pushed back insisting Fox is fit, able to understand the legal process, and cooperate in her legal defense. She said this “is an act to get back to Elgin. ... (This is) a form of manipulation.”

Wilbrandt agreed with the prosecutor and found that Fox is fit to stand trial. He is, however, concerned that Fox is not taking the prescription, but said that according to the law, the medication “can be administered (to her) over her objection.”

“The court recognizes that fitness is much different than mental illness and not guilty by reason of insanity,” Wilbrandt said.

Fox will be back in court for a status hearing on her trial June 23.