Justice Turkey #1: Out of prison for 15 days, he murdered the wrong man in revenge killing, prosecutors say

There is never a shortage of stories to tell about people being accused of heinous crimes while free on affordable bail or parole. But Tuesday’s bond court hearings in Chicago produced a cornucopia of examples. Legitimate turkeys of justice. We’ll be telling you about them today. Installment number two is available at this link and you can go here for the third story.

Justin Garmon | CPD

On August 10, Justin Garmon walked out of the downstate Hill Correctional Center a free man. Fifteen days later, prosecutors say, he executed a man in the Austin neighborhood who he thought killed a friend. Not only was the August 25 killing captured on multiple video cameras, but police also say Garmon allegedly killed the wrong person.

Garmon, 31, was arrested in 2016 for dealing narcotics outside Garfield Park, according to CPD records. He received a nine-year sentence, but that was slashed in half for good behavior. It was his fifth trip to prison for drug dealing. He has another conviction for being a felon in possession of a firearm, too.

On the afternoon of August 25, freshly-freed Garmon and two other men allegedly climbed into a Chevy Malibu. They went looking for the man they believed was responsible for killing a mutual friend nicknamed “Doobie.”

Multiple video cameras recorded the ensuing events, according to Assistant State’s Attorney James Murphy.

When the men got to the 100 block of North Mayfield, they saw 30-year-old Darry Toney walking down the street. The Malibu pulled over, Garmon got out of the front passenger seat, and he crossed paths with Toney, Murphy said. The video footage is “very clear” and shows Garmon’s face, he continued.

Garmon appeared to say something to Toney who turned and walked down a nearby alley. That’s when Garmon allegedly opened fire on Toney from behind. Toney tried to run, but he fell. Garmon then stood over Toney and continued to fire bullets into the man until his gun apparently ran out of bullets, Murphy said.

“It’s all on video,” the prosecutor claimed.

The gunman ran back to the Malibu, and it sped from the scene. Toney, who had five gunshot wounds, died at a nearby hospital.

Detectives determined that the Malibu had been rented to the girlfriend of another man who was in the car, Murphy said. When that man returned the car to her, he allegedly said, “We got the guy who killed Doobie.”

Doobie, Murphy said, had been killed a few days before Toney was targeted.

“But [Toney] had nothing to do with it,” Murphy said. Doobie’s slaying was also recorded by surveillance cameras, and detectives said Toney is not the killer.

In addition to voluminous video evidence of Toney’s slaying, Murphy said Garmon posted a selfie to Facebook on the day of Toney’s murder that shows him wearing the exact same clothes as the gunman. 

Murphy said police executed a search warrant on the Malibu last month and found Garmon’s parole paperwork inside. Cops arrested Garmon Monday.

In addition to his adult criminal record, Garmon was convicted of robbery and aggravated battery as a juvenile, according to Murphy.

Judge John Lyke ordered Garmon held without bail Tuesday.

“This dead victim had nothing to do with Doobie’s murder,” Lyke reflected.

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CWBChicago was created in 2013 by five residents of Wrigleyville and Boystown who had grown disheartened with inaccurate information that was being provided at local Community Policing (CAPS) meetings. Our coverage area has expanded since then to cover Lincoln Park, River North, The Loop, Uptown, and other North Side Areas. But our mission remains unchanged: To provide original public safety reporting with better context and greater detail than mainstream media outlets. Our editorial email address is news@cwbchicago.com