WHEATON, IL — An Oswego man who was out of jail on pretrial release faces felony charges after police say he attacked a Wheaton woman near the Illinois Prairie Path.
Marvin Carter, 48, of the 300 block of Springbrook Trail, was charged with aggravated battery in a public place, resisting a police officer and causing injury, aggravated assault of an officer and misdemeanor battery in connection with the July 11 attack.
Carter's initial pretrial release came after unrelated charges of aggravated battery, battery, resisting a police officer and criminal damage to government supported property. This pretrial release was revoked after his most recent charges.
Police were called to the 700 block of W. Liberty Dr. around 5:35 p.m. on July 11 for a report that a battery had taken place. The victim told officers she had been sitting on a bench when Carter walked up to her.
The woman told police she stood up and Carter punched her in her neck and head. Police say she fell and dropped her belongings, which Carter then kicked before heading east on Liberty Drive.
He was taken into custody shortly after following "a brief struggle," according to prosecutors.
“The allegation that Mr. Carter walked up to an innocent woman and, for no discernable reason at all beat her, are extremely disturbing and will not be tolerated in DuPage County,” Dupage County State's Attorney Robert Berlin said in a statement. “What I find troubling and frustrating however, is the fact that under the Safe-T-Act, this defendant was afforded the opportunity to allegedly beat an innocent, unsuspecting woman after he had been released pre-trial on previous non-detainable aggravated battery and battery charges."
Berlin added, "This fact illustrates the need for improvements to the State’s Safe-T-Act to give judges more discretion. Too often, we are seeing cases where a defendant accused of a serious crime is released pre-trial because the Act does not allow judges to use their discretion for certain offenses. Since the inception of the Safe-T-Act I have been beating the drum that judges, not the legislature, are in the best position to decide whether a defendant in any particular case should be detained pre-trial. We are all thankful that the victim in this case is expected to recover from her injuries."
Carter is set to appear in court on Aug. 26.
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Wheaton, IL Patch
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