Lake County authorities say a cabdriver who was shot five times subduing an armed robber more than two months ago has died and they plan to upgrade charges against his assailant to murder.
Police say Foster was shot in the face back and neck fighting off a robbery early March 13. Despite his wounds, Foster managed to pin the alleged robber to the seat of the cab until police could arrive.
Foster's alleged attacker, 38-year-old Darryel Garner of Waukegan, has been held in the Lake County Jail on $750,000 bond on attempted murder and armed robbery charges.
Gardner, who told officers he had been out of work and depressed, later told detectives that he shot the driver several times intending to rob him
Lake County Assistant State's Attorney Eric Kalata said authorities planned to file first-degree murder charges as well.
"We were hoping he'd pull through, so we didn't take steps to upgrade charges yet," Kalata said, according to the Daily Herald. "But that process will begin immediately and he should be officially indicted next week."