Brawl on Homan Avenue: the Court's View

 Posted on August 29,2013 in Assault and Battery

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.