An Oswego man accused of attacking a woman near the Illinois Prairie Path in Wheaton is now staying put in DuPage County jail, after a judge signed off on prosecutors’ request to revoke his pretrial release. Prosecutors say he walked up to a woman sitting on a bench, hit her, then casually walked away, only to be arrested a short time later after a brief struggle with officers. The state moved to pull his release after, according to prosecutors, he skipped multiple required court dates while on electronic monitoring.
What prosecutors say
According to prosecutors, the alleged attack happened on Saturday near the 700 block of West Liberty Drive at the Prairie Path entrance. They say the woman fell after being struck, and that the suspect then kicked at her belongings scattered on the ground before walking east on Liberty Drive. Officers later spotted him and made an arrest after a short struggle, and Wheaton police credited officers Derek Hoots, Mike Sterkowicz, Shaun Lucas and Crystal Miroballi for getting there fast and taking him into custody. The DuPage County State’s Attorney’s Office laid out those allegations in a Facebook post and said the victim is expected to recover, according to the DuPage County State’s Attorney’s Office.
Charges and calendar
Marvin Carter, 48, of the 300 block of Springbrook Trail in Oswego, is now facing a stack of counts that includes two counts of aggravated battery in a public place, two counts of resisting a police officer causing injury, one count of aggravated assault on an officer and one count of misdemeanor battery, as reported by Patch. That coverage notes that assistant state’s attorneys Sandi Tanoue, Daniel Orescanin and Anthony Irsuto prepared the case, and that Carter’s next court date is set for Aug. 26. Local reporting also states that the latest charges followed an alleged July 11 encounter at the same Prairie Path entrance.
Judge revokes release
Before the latest ruling, prosecutors say Carter had been out on pretrial release with electronic monitoring and a court order to stay at least 5,000 feet away from the victim. After prosecutors filed a motion to revoke that release, the court agreed to hold him in custody. Judge Jeffrey MacKay granted the state’s motion on Wednesday, and the office says an earlier order from Judge George Ford had already kept Carter in custody on a temporary basis while the court reviewed the case following the initial arrest. Those steps were described in the DuPage County State’s Attorney’s Office Facebook post mentioned above.
Officials' response
DuPage County State’s Attorney Robert Berlin, in comments relayed by local coverage, used the case to take aim at parts of Illinois’ Safe-T Act, arguing that the situation “illustrates the need for improvements” so judges have greater discretion. Wheaton Police Chief P. J. Youker called the alleged behavior “disturbing and reprehensible” and publicly thanked the officers involved for their quick response, according to the reporting. Prosecutors say they intend to press forward with the charges at upcoming hearings.
Legal context
Under Illinois law, aggravated battery charged as a Class 3 felony is punishable by a determinate prison term of two to five years, and a Class 4 felony generally carries a range of one to three years, according to the Illinois Compiled Statutes. Longer terms are possible under extended term provisions. Any sentence would depend on statutory factors such as prior convictions and any applicable enhancements, and the actual penalty, if there is one, would only be decided if and when a conviction occurs. No defense position or statement appeared in the public posts and local coverage reviewed for this article.
