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Brawl on Homan Avenue: Kelly's story
This week we are covering an aggravated battery case that arose out of a fight on South Homan Avenue in Chicago. The fight involved a man named Ken and his girlfriend Tara who got into an argument with a neighbor named Gary one July evening.
The evidence indicates that Tara was punched in the face while talking to a woman who hanging out with Gary. Tara and Ken say that the punch was the culmination of Gary's hostile behavior throughout the evening.
The woman that Tara was talking to was named Kelly, and she had a drastically different version of events that night.
Kelly testified that she was over at Gary's house for a barbeque and that she had nothing to drink that evening.
Kelly says that Gary and another man were sitting on the porch when they saw Gary's neighbor Ken pull up to the drive way.
Contrary to Ken's testimony that he was not drunk, Kelly said that Ken "missed the driveway," ran over the curb and onto the grass. Kelly said that Ken and Tara then fell out of the car and had to lean on each other to make it to the house.
Brawl on Homan Avenue: Tara's story
This week we are following the case of a man who was convicted of aggravated battery after a getting into a fight with his neighbor, Ken, and Ken's girlfriend, Tara. The fight happened early one summer evening and the two sides have drastically different versions of events.
Ken and Tara testified that Gary immediately started screaming at them after they returned home from a bar one evening. The couple said that they had been drinking, but were not drunk, and that Gary's profane insults were wholly unprovoked.
Tara said that she wanted to mend the feelings between the two men, so she went back outside to try and make peace with Gary. Upon approaching the fence that divided the two houses, Tara testified that she asked Gary to shake her hand, but he would only curse at her.
The woman who was with Gary then walked up to Tara and the two had a calm conversation about how the two men should resolve their differences.
According to Tara, she be blacked out during the conversation and woke up on the ground with blood coming from her face. Medical records indicate that Tara had a broken orbital bone, nose, deviated septum, nerve damage and suffered drooping in her eye because of the incident.
Chicago man convicted of assault after fight with neighbor
In our last post we discussed a Chicago neighborly feud which turned violent one July evening. The feud resulted in one man being sentenced to aggravated battery and sentenced to two years of intense probation.
An appeals court recently reconsidered the case and affirmed the man's conviction. The man alleged that there was not enough evidence to support his conviction because he and his neighbor had drastically different accounts of what happened that evening.
So what happened?
The incident took place on July 13, 2009, on the 10800 block of South Homan Avenue in Chicago.
Version one of events:
According to trial documents, the neighbor, Ken, testified that he was out drinking with his girlfriend Tara. Ken said that he had "less than six drinks" and that he and Tara were not drunk when they returned home.
Upon pulling into his driveway, he noticed that his neighbor Gary was sitting on the porch next door. Gary had two friends with him, a woman and a man.
Neighborly feud results in assault charges against Chicago man
The bond between neighbors is one of the things that makes Chicago such a great place to live. Ties with neighbors create a sense of community and can greatly enrich the quality of a person's life.
Just the opposite is true for strained neighborly relationships. A toxic relationship with a neighbor can be a minor annoyance, at best, or result in serious criminal charges.
One Chicago man was recently convicted of aggravated battery after a feud with his neighbors turned violent. The man was sentenced after a bench trial and was ordered to serve two years of intensive probation.
An appeals court recently upheld the man's conviction, which he challenged based on the sufficiency of the evidence.
The trial documents show that the incident which led to the man's charges occured during the early morning hourys of July 13, 2009 on the 10800 block of South Homan Avenue in Chicago.
That evening the man hosted a BBQ with several friends. He and his friends were sitting outside when his next door neighbor pulled up next door.
When an Illinois spouse files for divorce in another country
Divorce is never an easy process, but divorces involving spouses filing in different countries can be highly complicated. One recent Illinois case involves a couple who was married in India in early 1999 and moved to Illinois later that year. The couple had a daughter in Illinois and started a company here as well.
The husband alleges that during 2008 and 2009, his wife spent extended periods of time in India. He also alleges that she was living with another man during this time and representing herself as his wife.
The wife returned to Illinois from India on March 10, 2009 and the husband filed for dissolution of his marriage in India on March 14, 2009, alleging adultery and mental cruelty. Two days later the wife filed a petition for divorce in Will County, Illinois. The wife alleged that the couple had irreconcilable differences and also alleged that the husband was mentally cruel.
The husband filed a petition to dismiss the Illinois divorce proceeding arguing that there was already a divorce proceeding in India at the time.
Two arrested for drunk driving after Stevenson Expressway crash
Two drivers were arrested for misdemeanor drunk driving this weekend after a serious car accident on Chicago's Southwest Side. Authorities say that two alleged drunk drivers crashed into eachother on the Stevenson Expressway, near Damen Avenue.
The crash happened shortly after midnight when a driver of a Mercury Sable parked on the expressway. A driver of a Scion TC tried to avoid the parked vehicle but was unable to.
NBC Chicago reports that a passenger in the Scion was injured and taken to John H. Stroger Hospital. A police spokesman told reporters that drugs and alcohol were factors in this crash and that both drivers were charged with misdemeanor DUI.
Drunk driving crashes such as this one are common in Chicago. There are multiple ways that a driver can defend themselves against misdemeanor drunk driving charges including demonstrating that police officers improperly administered a breath test or that the breath test equipment was faulty.
Chicago man convicted of drunk driving after fatal crash
A Chicago man faces up to 12 years in jail after causing a fatal drunk driving car accident. Authorities say that the man's blood-alcohol level was more than twice the legal limit when he hit a parked Illinois State Police car early last year. The accident killed a stranded 42-year-old motorist who was sitting in the back seat of the car and seriously injured a trooper.
The Chicago Sun-Times reports that the man pleaded guilty to felony DUI charges arising out of the crash.
"I'm happy he's taking responsibility," the deceased motorist's sister said. "I hope it's for the right reason - because he feels remorse."
In Illinois, any DUI that results in great bodily harm, permanent disability or disfigurement is a class 4 felony that carries significant prison time. There are a variety of things that can be done to challenge a DUI including determining whether a breath test and adequately administered by a qualified individual.
Besides evidentiary issues, there are many cases in which prison time can be avoided when an individual pleads guilty to lesser charges. It is important to discuss your options with a qualified Illinois DUI lawyer before making any decisions regarding your particular case.
Court affirms Illinois man's domestic battery conviction
An Illinois court recently affirmed the domestic violence conviction of a man arising out of an incident with his girlfriend. The man and the woman had been dating on-and-off for about seven years by the time of the March 2011 incident.
According to court documents, the man and his friend were standing outside of the woman's house when she allegedly yelled out of a window that she had slept with the mailman. The man allegedly responded by going inside, grabbing the woman by the neck, and pinning her down on her bed for a few minutes.
The incident did not leave any bruises on the woman, and she waited more than five days to report the incident.
A week after the incident the woman called the district attorney's office and asked for the charges to be dropped. She specifically said that the incident was not as serious as she first reported and that her boyfriend had not touched her. By this time it was too late and the district attorney said she could not drop the charges.
Joseph Academy principal arrested for drunk driving
In our last post we discussed drunk driving charges being brought against a 24-year-old man who crashed his car near Naperville. Another man was arrested for speeding while intoxicated this weekend, and authorities say that this is not the man's first drunk driving conviction.
The Chicago Tribune reports that the principal of Joseph Academy has been arrested for driving while intoxicated. Authorities say that the 36-year-old Itasca man had a blood alcohol level that was twice the legal limit when he was stopped by authorities in Harwood Heights. Cook County court documents indicate that the man was stopped around 1 a.m. early yesterday morning.
The principal of the south suburban private school was held in lieu of $25,000 bail on charges of aggravated DUI felony, speeding and improper lane usage, among other things.
The Chicago Tribune is reporting that the man has two prior drunk driving charges, but both of these are over two years old.
Lisle man faces drunk driving charges after Naperville car accident
A 24-year-old Lisle man is facing two drunk driving charges after causing a serious car accident in Naperville. Authorities say that the man was intoxicated and driving over 100 mph when he crashed into two parked cars and a lamp post earlier this week.
In addition to his drunk driving charges, the man was also cited for improper lane use, reckless driving and speeding more than 40 mph over the posted speed limit according to the Chicago-Sun Times.
CBS Chicago reports that the crash happened at a strip mall at the intersection of Chicago Avenue and Naper Boulevard at the border of Lisle and Naperville.
Authorities say that the man was traveling alone at the time of the accident and not seriously injured. No one else was hurt in this particular crash and CBS Chicago was unable to find any prior criminal history for the man.
Speeding and DUI charges are highly common in the Chicago area. There are multiple ways that a defendant can overcome drunk driving charges including proving that breath test equipment was fault and demonstrating that the person who administered the breath test was not qualified to do so.
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