Man accused in shooting over spilled beer is found unfit for trial

A man accused of shooting a man to death over spilled beer in Sauget has been found unfit to stand trial.

St. Clair County Chief Judge John Baricevic made the finding Thursday after a motion was made by Lamarc Robert Garrett’s defense lawyers, Greg Nester and Brian Flynn. Flynn and Nester had recommended Garrett be evaluated for competency by psychologist Dan Cuneo, whose opinion was that Garrett is unfit to stand trial.

“Mr. Garrett, do you think you know what’s going on?” Baricevic asked Garrett, who was wearing an orange, jail jumpsuit.

Garrett looked down and shook his head “no.”

Garret was arrested in St. Louis and charged with first-degree murder in September after being accused of fatally shooting Oscar C. Carbajal, 26, outside a Sauget gas station. Carbajal was shot about 5:20 a.m. on Sept. 3 at Route 3 Fuel and Liquor on Illinois 3 at Mississippi Avenue in Sauget. Police said Carbajal was shot after another man dropped a beer and sprayed foam on Garrett’s shoe.

Police have said that Garrett asked Carbajal and his friends for a beer and was told he would have to pay for it. Another man accidentally dropped a beer, causing it to spray out of the can.

During Thursday’s hearing, Baricevic asked Garrett whether he remembered talking with Cuneo. Garrett again shook his head “no.”

“I’m going to tell you what’s going on,” Baricevic said, telling Garrett that he needed medical care before he could face the charges.

Cuneo gave an opinion that Garrett, with treatment, could be found fit to stand trial within a year. Garrett will be moved to a mental health facility and evaluated for fitness every 90 days.

Garrett had been in the St. Clair County Jail, held on $1 million bail.

This story was originally published February 4, 2016 at 3:51 PM with the headline "Man accused in shooting over spilled beer is found unfit for trial."