Kevin Willing’s “mental state” precluded him from knowing that his actions would injure or kill his girlfriend’s 4-year-old daughter, defense attorneys argued Wednesday as Willing’s murder trial began in Kane County.
Willing is accused of beating Samantha Jo Haight to death on Feb. 9, 1993, after the girl wet her pants and talked back to him. She died the next day, allegedly from the blows that Willing landed on her face, chin, stomach and back.
Gary Johnson, a defense lawyer, said in an opening statement that Willing is innocent because he did not realize that his actions “created a strong probability of death or great bodily harm.”
Johnson said evidence will show that Willing is unable to deal with stress or pressure, and that he can’t make normal “common-sense judgments.”
But Kane County State’s Atty. David Akemann, who is prosecuting the case, said Willing had been having problems with Samantha. Several weeks before her death, Akemann said during his opening statement, Willing told a co-worker that “if Samantha doesn’t keep away,” he was “going to hurt her.”
Samantha lived at 10 N. Western Ave. in Aurora with her mother, her 18-month-old brother and Willing.
Willing, 24, worked as an auxiliary Batavia police officer and as a security guard at a local store. Samantha’s mother, Patricia Jo Cline, had been divorced from her husband and had lived with Willing since the summer of 1992.
On Feb. 9, police said, Cline was at work when Willing beat Samantha. After the girl wet her bed, Akemann said Wednesday, Willing “shook her, hard,” and punched her in the stomach.
Akemann said Willing also hit Samantha on the side of her head, under the mouth and in the back. The girl toppled off her bed and landed face up on the ground.
During the scuffle, police said, Samantha threw a tantrum, grabbed Willing around the neck and said, “You’re not my daddy.”
Johnson admitted, by and large, that Willing struck Samantha and that those injuries led to her death. Johnson made it clear, however, that the defense strategy will be to show that Willing did not comprehend the probable ramifications of his actions.
In 1992, Johnson said, Willing underwent a psychiatric examination as part of his application to become a St. Charles police officer. In addition to trouble with pressure, Johnson said, the evaluation indicates that Willing “also has a problem in the area of impulse control.”
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“A more prophetic psychological evaluation was never made,” Johnson said, adding that Willing was unable to deal with the various stresses that morning.
The trial continues Thursday.