Boshears Can Pursue Suicide Defense In Bartender's Death

JOLIET, IL - There was a short hearing Monday morning at the Will County Courthouse involving murder defendant Jeremy Boshears, the 32-year-old Coal City resident charged with the premeditated murder of Katie Kearns. She was the bartender at Woody's Bar whose body later turned up about an hour's drive south of Joliet. She had a single gunshot to her head. Her body was found in the back of the Jeep that she drove to Joliet on November 12, her last day alive.

By Friday, Nov. 17, authorities charged Boshears with concealing a death. Days later, the Will County State's Attorney's Office filed three counts of first-degree murder against Boshears. He has remained in the county jail on a $10 million bail since Nov. 18.

Although his jury trial is likely many months away, his criminal lawyer, Neil Patel, of downtown Joliet law firm Chuck Bretz & Associates, is now in the process of building their case. The defense is exploring the circumstances surrounding the death of the 24-year-old woman from New Lenox Township. Patel recently filed court records establishing that Kearns died from a gunshot to her head inside the Joliet Outlaws Clubhouse. The fatal bullet was later recovered by police inside the building's rafters. Patel theorizes that Kearns put a gun to the side of her head, tilted her head back, and shot herself.

After the autopsy, toxicology reports revealed that the young woman's blood alcohol concentration was 0.212. Her drug screen tested positive for cocaine, cocaine metabolites, Alprazolam (which is Xanax), Oxcarbazepine and Citalopram, according to Patel's filing.

Based on the outcome of Monday's hearing in front of Judge Amy Bertani-Tomczak, Patel has the green light to continue to investigate the possibility that Kearns died of a suicide.

After being arrested last November, Boshears called his wife from the jail, and a recorded conversation of that call shows Boshears told his wife that Kearns killed herself, Patel's court filings show.

During Monday's hearing, prosecutor Steven Platek told the judge that some of the still-outstanding forensic tests in the Kearns case will be expedited by the laboratory. Patel had advised the court prior to Monday's hearing that his law firm still did not have the results of the gunshot residue tests done on Kearns, among other things.

There will be another court hearing on April 23 to resolve an issue involving some pills found inside of Kearns' purse. The prosecution objects to the additional testing, noting that the Bretz Law Firm already has access to the woman's toxicology results. The prosecution's perspective is that the pills found in her purse are irrelevant to the facts surrounding her death.

Patel disagrees. "The issue is some of the pills are broken and it's not entirely clear what they are," Patel told Joliet Patch outside the courtroom.

One other key issue in the Boshears case was cleared up on Monday.

Patel said he learned that Will County does not have any immunity agreement in place with Colby Oneal, a man who gave incriminating statements to Will County police last November against Boshears.

Patel said the prosecution informed him that "no agreements with Colby were discussed. I'm accepting their (response) at this point," Patel told Patch. "The issue is still outstanding as it relates to him."

Based on Monday's hearing, Patel got the court's permission to issue a half dozen subpoenas on several area hospitals, doctors and pharmacies that treated Kearns. He wants to learn more about her mental health, the drugs she was prescribed and her suicidal tendencies in the weeks leading up to her violent death.

Those medical records will be returned to Judge Bertani-Tomczak, and she will review them to determine their relevance as it relates to the murder charges against Boshears.

Patel told Patch he has not committed to putting on a murder defense arguing that Kearns took her own life. If Patel pursues that scenario at his client's trial, the defense lawyer would need to explain how Kearns gained access to a gun, a loaded gun, why she shot herself inside the Outlaws clubhouse and who was responsible for loading her body into her Jeep and driving her Jeep to Kankakee County.

Her body and her Jeep were recovered inside a pole barn on private property.

"We're investigating any possibility of what happened that evening. We have not made any decision on what our defense will be," Patel told Patch.

Patel handled Monday's court proceedings by himself although fellow criminal defense attorney, Chuck Bretz, made a brief appearance in Courtroom 404 before the hearing began.

Bretz walked up to the jury box, where Boshears was seated in handcuffs and shackles. Bretz approached his client and gave Boshears a firm hand shake. The two talked for about a minute. Then, before leaving the courtroom, Bretz spoke briefly with the defendant's wife, who was seated in the front row of the gallery. Several family members of both families, Kearns and Boshears, attended Monday's proceeding.

RELATED Patch coverage:

Katie Kearns May Have Killed Herself: Bretz Law Firm

Joliet Outlaws Murder Case May Involve 2nd Man

Jeremy Boshears, Joliet Outlaws, A Bartender's Murder

Image of Jeremy Boshears via Will County Sheriff's Department