Chicago DUI lawyer comments on Chicago Police Officer's bartender beating trial--decided moments ago

A few moments ago, Judge John Fleming handed down his ruling in Chicago Police Officer (soon to be former, I suspect) Anthony Abbate.  Guilty of 1 count of aggravated battery.  It appears that this was probably an alcohol induced rampage on Abbate's part, nevertheless the video could not downplay the images of brutal violence inflicted on the bartender.

June 2, Chicago, Il

A Cook County judge today found Chicago Police officer Anthony Abbate guilty of aggravated battery for his 2007 attack on a female bartender, saying that even if the woman pushed and shoved Abbate to get him to leave a restricted area, "that did not justify his actions afterward, which were completely out of proportion."

Fleming said the bartender, Karolina Obrycka, had a right as an employee of the bar to use force to prevent Abbate from trespassing behind the bar, and Fleming found that she did not use excessive force. He noted that even if Abbate was accustomed to other bartenders allowing him to go behind the bar, Obrycka had the authority to deny him access.

Fleming rejected the closing argument of defense attorney Peter Hickey, who tried to convince the judge that Obrycka used excessive force, throwing Abbate--who is more than twice her size--into a wall where he hit his head. Hickey argued that Abbate acted in self defense when he threw the woman into a wall and then to the floor.

Hickey admitted that his client may be guilty under a different theory of aggravated battery -- one which would have required prosecutors to prove that Abbate touched Obrycka in an insulting or provoking manner -- but said prosecutors chose instead to charge him under the theory that he caused bodily harm, a decision he called a mistake.

Professional courtesies, or not, there is little doubt in my mind that Anthony Abbate will no longer be called officer.