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WATSEKA — A man awaiting trial for the October murder of a clerk at a Gilman gas station is asking an Iroquois County judge to allow him to be present when his wife gives birth to their third child.
Andrew M. Condon, 33, of rural Ashkum, made the request on Jan. 12, and it was filed two days later in Iroquois County Circuit Court.
State’s Attorney Jim Devine said Thursday that Judge Gordon Lustfeldt will make a decision during Condon’s next court appearance Feb. 13.
Devine said he will argue against it.
“I think it would be highly unusual and problematic (to grant the request),” Devine said. “That’s going to be our position.”
Devine said Condon’s attorney, Ed Glazar, called him about the request this week, and Devine asked Glazar to put it in the form of a motion.
Condon’s hand-written request, addressed to Lustfeldt and Sheriff Derek Hagen, reads:
“My wife and I are expecting a baby any day now. I would like to know if there is any way possible for me to be there for the birth of our child, so I may be of support to my wife during the birth/labor and aid in watching our other two children during this time. Please and thank you.”
Condon has been at the Iroquois County jail in Watseka on a $1 million bond since his arrest on Nov. 9. Condon is charged with two counts of first-degree murder in connection with the Oct. 27 fatal shooting of Jonathan D. Rubin, 27, of Danforth. Condon has pleaded not guilty but has waived his right to a speedy trial.
Devine said in November that Condon appeared “visibly upset” and “made a scene” at the Shell gas station in Gilman after Rubin denied him the sale of a pack of cigarettes. Some two hours later, Condon allegedly returned to the store with a handgun and shot Mr. Rubin to death, Devine said.
Condon was identified from surveillance video as a suspect, Devine said. During a subsequent search of Condon’s property, bullets and shell casings were found that were determined to be a forensic match with the murder weapon, Devine said.
Mr. Rubin, a native of the Woodworth and Milford areas, was a 2003 graduate of Christ Lutheran High School in Buckley.