Man's insanity plea renders 'not guilty' verdict in Peoria grandma's hammer murder

Chris Sims, Journal Star
Updated ·3 min read
Cody Krause of Peoria, Ill., was found not guilty after his insanity plea before an Illinois judge in the 2022 murder of his grandmother using a hammer.
Cody Krause of Peoria, Ill., was found not guilty after his insanity plea before an Illinois judge in the 2022 murder of his grandmother using a hammer.

PEORIA − An Illinois man was found not guilty by reason of insanity in a stipulated bench trial for first-degree murder on July 6 in the 2022 slaying of his grandmother, according to a press release from State's Attorney Jodi M. Hoos.

Cody A. Krause, 29, was charged with the beating death of his grandmother, Glenda Rusterholz, 73, with a hammer in the living room of her Peoria home on April 14, 2022. She was pronounced dead at 8:23 a.m.

The release states Krause is diagnosed with schizoaffective disorder, bipolar type.

The judge's verdict is a common outcome and does not mean “not guilty” in the traditional sense, according to the Peoria County State's Attorney's Office. The decision simply means "the defendant lacked substantial capacity to appreciate the criminality of his conduct" at the time the crime occurred.

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What is schizoaffective disorder − bipolar vs. depressive?

Schizoaffective disorder is considered to be a mental health disorder, according to mayoclinic.org. A combination of of schizophrenia symptoms are included with the condition but not limited to:

  • hallucinations or delusions

  • mood disorder symptoms, such as depression or mania.

There are two types of schizoaffective disorder, but what is the difference between the two conditions?

  • Bipolar type: May produce episodes of mania and sometimes includes major depression.

  • Depressive type: Only major depressive episodes occur.

In the case of Krause, he has been diagnosed with schizoaffective disorder, bipolar type.

The disorder can run a unique course for each individual diagnosed with the condition, according mayoclinic.org. People affected by schizoaffective disorder many need assistance and support with daily functioning.

Treatment is available to manage symptoms and improve quality of life. If left untreated, the ailment could produce loneliness, as well as difficutly maintaining a job, going to school or handling social situations.

Peoria, Ill.: Man killed his grandmother with a hammer at their Peoria County home, prosecutor says

What is a stipulated bench trial?

Stipulated bench trials are commonplace in situations like the Krause case, according to the press release. A bench trial means the judge will make a final decision as opposed to a jury listening to the case and deciding the outcome.

According to americanbar.org, stipulations are merely agreements made between lawyers of the plaintiff and the defendant. They are required to be made on record in open court, or written and signed by the judge.

The release states the defining factor between this type of trial and a regular trial are both parties simply agreeing to the facts instead of calling witnesses.

What led to Cody Krause's arrest in Glenda Rusterholz's death?

860 Kim Moor Road in Peoria.
860 Kim Moor Road in Peoria.

Police were called to the a home in the 800 block of South Kim Moor Road in Peoria County on Thursday, April 14, 2022.

When they arrived that morning, blood covered the hands and boots of Krause, who was carrying a hammer. The living room was covered in blood splatter with the body of Rusterholz lifeless on the floor, her face and skull completely crushed.

Krause was questioned by the Peoria County Sheriff’s Office where he confirmed hitting Rusterholz an unknown number of times with the hammer. He was convinced Rusterholz was an alien and must “kill her serpent brain” in order to be free, according to the release.

Krause told investigators the voices in his head stopped after his grandmother was dead, adding it would be best if his entire family were deceased.

The Peoria County Coroner revealed there were multiple defensive injuries throughout Rusterholz's upper extremities and that she had suffered “multiple severe blunt force trauma injuries consistent with being assaulted by another.”

Cody Krause's Illinois sentencing

Krause faced a minimum of 20 years in prison and possibly a life sentence for the first-degree murder charge.

After the "not guilty by reason of insanity" verdict, the judge deemed Krause be detained in a mental health facility rather than be sent to jail. Krause is now receiving treatment and is under the custody of the Illinois Department of Human Services.

Chris Sims is a digital producer for the Journal Star. Follow him on Twitter: @ChrisFSims.

This article originally appeared on Journal Star: Illinois man 'not guilty' in grandma's hammer death in Peoria