Brawl on Homan Avenue: the Court’s View

During the past week we have followed a case involving a fight between two Chicago neighbors named Gary and Ken. During the fight Gary punched Tara in the face. Gary alleges that this happened because Ken swung at him, and then used Tara as a shield when Gary attempted to return his blow.

No one contested the fact that Gary hit Tara and that she was severely injured as a result. Gary argued that he lacked the requisite intent to harm Tara as he was attempting to return Ken’s punch.

The trial court rejected the defense’s version of events and said that it was unlikely that Ken would be able to pull Tara in front of him during the short time it would have taken Gary to return Ken’s punch.

Gary also argued the fact that Ken and Tara had been drinking prevented them from being able to accurately remember the incident. The trial court noted that although intoxication is relative to the value of a person’s testimony, it did not preclude the trial court from accepting their version of events.

The appellate court then upheld Gary’s battery conviction and sentence.

Share this post
Share on LinkedInTweet about this on TwitterShare on Facebook
This entry was posted in Assault and Battery and tagged , , . Bookmark the permalink.
  • Illinois State Bar Association
  • Northwest Suburban Bar Association

Cosley Law Office
Arlington Office Park
1855 Rohlwing Road, Suite D
Rolling Meadows, IL 60008
Rolling Meadows Law Office

Phone: 847-253-3100
Cell Phone: 847-340-5517
Fax: 847-253-3434
Email the Firm
Se Habla Español

At the Law Offices of Donald J. Cosley, we represent clients in Illinois, including the cities of Rolling Meadows, Schaumburg, Palatine, Arlington Heights, Mount Prospect, Buffalo Grove, Barrington, Elk Grove Village, Inverness, Wheeling, Long Grove and Mundelein, as well as Cook County, Lake County, DuPage County and throughout the Chicago, IL, metropolitan area.

© 2021 Cosley Law Office.

Disclaimer | Sitemap | Privacy Policy