MACOMB, IL – "I had a problem with my roommate." Those were the words Timothy Smith, 42 of Macomb, told a police detective on Nov. 8, 2023, after he allegedly beat to death his cellmate Darrell Hocker, 50, of Macomb. That statement was reiterated by witnesses earlier this week during Smith's recent three-day jury trial in McDonough County Circuit Court, which was declared a mistrial Thursday morning.
Judge Nigel Graham declared a mistrial Thursday when the jury failed to reach unanimous decision after nearly six hours of deliberation Wednesday and Thursday. A new trial will be scheduled at a later date.
Smith's trial began Monday following the jury selection of eight men and two women. Smith, who chose not to attend, was tried in absentia. According to court proceedings, Smith was asked each day of the trial regarding his attendance and he has willingly refused to participate, Judge Nigel Graham noted.
Smith was charged with two counts of first-degree murder for Hocker's death, with each count carrying a minimum of 20 years and maximum of 60 years with 100 percent time to be served and a mandatory three years supervision. He was originally found unfit to stand trial by Dr. Joel Eckert; however, he underwent additional fitness hearings last year per court orders, with Dr. Sudarshan Suneja testifying that Smith was fit to stand trial.
Smith, who was 40 at the time, and Hocker were both being held on domestic battery charges at the time of their respective arrests. Smith was also being held on additional charges of aggravated battery and other charges, according to police reports from Oct. 3, 2023. On or around Oct. 21, Smith was removed from the isolation cell and placed in a cell with Hocker. Nearly 3 weeks later, around 1 a.m., Nov. 8, 2023, two McDonough County jailers had finished their 20-minute rounds and had left the area where Smith and Hocker were being held together in a cell (a pod with a common area and three individual cells). After hearing noise and yelling, the jailers returned to the pod where they found Smith standing over Hocker, who was unresponsive. Hocker was transferred to McDonough District Hospital where he was pronounced deceased. Autopsy reports state that Hocker died from blunt force trauma and injuries sustained to the head and neck.
During Wednesday's closing arguments, McDonough County State's Attorney Matt Kwacala pointed out to the jury that only two men were in the cell, and it was Smith who killed his cellmate.
"Smith was standing over body and smirking after he was led out of the jail. He did not try to harm anyone else, he just wanted to kill Hocker. Smith had stated to ISP investigators that “he had a problem with his roommate.” Smith had no signs of injuries," Kwacala told the jury. "He waited until the TV was turned off, so perhaps it was premeditated."
Kwacala also argued that the psychiatrist who testified Wednesday, Dr. Amy Louck Davis, evaluated Smith 16 months after the incident and only just 30 minutes through a cell window. Louck Davis testified Wednesday that due to her interaction with, and observation of, Smith, along with other reports and statements, her diagnosis is that Smith has schizophrenia.
"I'm not sure how she could conclude her diagnosis with only that much time," Kwacala added. "He (Smith) knew what he was doing. I am asking for a guilty but mentally ill verdict."
Whitlock countered the state's attorney's argument that Smith knew what he was doing, stating that Smith's mind is in so much disorder, he did not know he was committing a crime.
"There's evidence from the family, Mr. Hoyle, Dr. Louck Davis. His family testified about his delusions and paranoia," Whitlock pointed out. "Did he cause death? Yes. Does he meet the definition of insanity? The jury must depend on Dr. Louck's testimony. He was legally insane at the time of offense. His mind is broken, he did not recognize the severity of crime. He must be found not guilty by reason of insanity."
Smith Trial Testimonies
On the opening day after jury selection, opening statements were made by Kwacala and Whitlock; an Illinois State Police investigator provided testimony regarding the night of the murder, and Sheriff Nick Petitgout narrated a jailhouse video, describing the scene as it unfolded. Forensic pathologist Dr. Nathaniel Patterson took the stand Tuesday, testifying that Hocker died as a result of blunt force injury to the head and neck, along with his chest being crushed, among numerous other lacerations and injuries consistent with a beating. Witness testimonies were also heard, along with testimony from family members.
During the third and final day of the trial June 13, Whitlock called Smith's former attorney, James Hoyle, to the witness stand, followed by forensic and clinical psychologist Dr. Amy Louck Davis. Under questioning by Whitlock, Hoyle stated that while Smith was his client, he made observations regarding Smith's mental health/mental status. Hoyle shared that he met with Smith on multiple occasions and witnessed "unusual behavior," to which Hoyle determined that his client wasn't of "sound mind" to complete power of attorney paperwork. Following several meetings in which Smith was no longer cooperating, Hoyle filed a motion to withdraw from the case.
After taking the stand, Louck Davis told the court during her in-depth testimony following questioning by Whitlock, often speaking directly to the jury, that Smith was so "substantially impaired he couldn't tell his behavior (on Nov. 8, 2023) was criminal." Louck Davis also told the jury that the previous psychologists' diagnoses were incorrect in her opinion as they were using an outdated DSM (DSM) manual (Diagnostic and Statistical Manual of Mental Disorders), which is the standard reference book for diagnosing mental health conditions.
"I looked at the course of events before, during and after November 8, 2023. The diagnosis of schizophrenia requires two or more criteria, such as delusions, hallucinations, false perceptions, aggression, erratic behavior and more. I also looked at the significant duration of symptoms, and Mr. Smith had more than six months of continuous symptoms," she testified. "For an insanity defense, the law requires one to have a mental deficit and not understand what he did was criminal. Mr. Smith meets the defense of not guilty by reason of insanity."
During his cross-examination of Louck Davis, Kwacala asked the doctor if Smith could be "faking" the diagnosis and if he was "acting out" to avoid court. Louck Davis told the court that she looked at previous reports and interviewed Smith, as well as others, to see if he was feigning mental illness or "making up" symptoms.
"I looked at his course of illness over a significant course of time, and he had significant symptoms over time and a consistent presentation of schizophrenia," she explained. "I determined he was not feigning mental illness."
Civil Lawsuit Underway
In October 2024, nearly one year after her father's death, Hannah Mellentine, the adult daughter of Hocker, filed a wrongful death lawsuit in U.S. Federal Court-Central Illinois District in October 2024.
The 10-count suit filed by John M. Spesia, Jeffrey S. Taylor and Aly N. Harms of Spesia and Taylor on Mellentine's behalf, seeks damages in excess of $3.5 million in for "loss of life, conscious pain and suffering," additional compensatory damages and punitive damages, and demands a 12-person jury trial.
The lawsuit states that around Nov. 8, 2023, Hocker was "detained in a cell with Timothy Smith at the McDonough County Jail even though jail staff, the jail administrator, and the sheriff of knew that Timothy Smith was mentally ill, psychotic, extremely violent and posed a substantial risk that Timothy Smith would assault and cause serious bodily harm to Darrell Hocker. After the defendants locked the two men in a cell together at the McDonough County Jail, Timothy Smith beat Darrell Hocker to death. This is an action for monetary damages and other relief resulting from violations of decedent Darrell Hocker's civil rights … and associated state law claims … in accordance, which arise from the brutal beating and wrongful death of Darrell Hocker."
