No jail time for cop who pummeled bartender
A Chicago police officer avoided jail time today for pummeling a woman who was tending bar, even though prosecutors produced a previously unseen video showing him beating someone else at the bar hours earlier.
Anthony Abbate was sentenced to two years probation for beating Karolina Obrycka in February of 2007. He could have gotten up to five years for the attack, which was captured by the bar's security camera and shown around the world.
Judge John Fleming said he decided against jail because he did not believe the crime was serious enough and throwing Abbate behind bars would not be a deterrent to others.
"If I believed that sending Anthony Abbate to prison would stop people from getting drunk and hitting other people, I'd sentence him to the maximum," the judge said. "But I don't believe that is the case."
Fleming also imposed a curfew of 8 p.m. to 6 a.m. for Abbate, who declined to say anything to the judge before he was sentenced. The cop must also attend anger management classes, undergo alcohol evaluation and perform 130 hours of community service.
Fleming said he would like Abbate to perform the service in a homeless shelter.
Karolina Obrycka (left) at the Cook County Criminal Courts Building in March 2008 (Michael Tercha/Chicago Tribune); Chicago police officer Anthony Abbate (right) before his sentencing today (AP Photo).
In arguing for prison time, prosecutors produced a previously unseen video from the bar hours before Obrycka was attacked showing Abbate beating someone else.
In the video, a man in the bar can be seen speaking with Abbate for a few seconds, after which Abbate grabs the man, slams him against a wall and then throws him across the room. The man crashes to the floor and into the bar stools, and Abbate stands over him as the man tries to shimmy away on his back.
Assistant State's Atty. LuAnn Snow said the attack was one of three unprovoked assaults in the span of 6 hours, a violent window into "a day in the life of Anthony Abbate." Authorities did not charge Abbate with the other two alleged attacks.
Snow said it was "by the grace of God" that Obrycka wasn't more severely injured.
In a brief statement to the court, Obrycka said the attack has left her fearful, has affected her marriage and left her unable to trust others.
"It was terrifying to be attacked by such a big man," Obrycka told Fleming. "I tried to protect myself, but I was helpless."
As time passed, "I thought about the beating a lot," she said. "I had nightmares about it, I try to avoid thinking about the beating, but I was helpless again... I pulled away from people close to me. I was irritable and angry, [and] I was fearful of other people. If someone walked behind me, I would jump and unexpected noises made me jump, too.
"The world didn't feel like a safe place anymore," Obrycka said. "I also started to have anxiety attacks which I never had before. When something would remind me of the beating, I would start to feel nauseated, then vomit. My head hurt, my hands became numb and then I would start to sweat and shake."
"My world still feels changed because of this beating," she continued. "I have a hard time trusting people, including my husband. Our marriage is very difficult. I'm still irritable and suspicious... I'm working very hard to recover from this beating, but it is harder than I could ever imagine."
Before handing down his sentence, Fleming said "any adult in the world" would know better than to act as Abbate did, but said he did not believe that a term of imprisonment was appropriate.
He noted that Abbate had no prior criminal history, and his crime did not involve a handful of other factors that under the law would justify a sentence greater than probation.
"He didn't cause serious harm -- the doctor said it was bumps and bruises," Fleming said as he delineated the reasons why probation was the correct sentence.
He said the widespread media attention was immaterial in reaching his decision.
"The fact that this 30-second video has probably been seen by more people than any other crime in the world does not make it a greater crime," Fleming said.
Fleming asked Abbate if he wanted to say anything but Abbate declined. The officer left the courthouse with his father and his fiancé, refusing to comment to reporters.
Obrycka said outside the courtroom that she wished Abbate had said he was sorry.
"I'm very disappointed that he didn't apologize for what he did," she said, adding that she was also disappointed in the sentence he received.
Abbate had faced several charges, including intimidation, conspiracy and communicating with a witness and official misconduct. But prosecutors dismissed most of them before the trial began.
Fleming dismissed the two counts of official misconduct and found Abbate guilty of aggravated battery.
The police department is seeking to have Abbate fired, and the Independent Police Review Authority has recommended that he be dismissed, according to Supt. Jody Weis. The case is up before the Police Board on July 7.
"I don't think anyone who behaves like that should be a police officer," Weis said after the sentencing.
But Weis said he was not going to recommend the officer's case to federal authorities because he was off-duty at the time. "I would be shocked if the Department of Justice pursued [the case]" he said.
Mark P. Donahue, head of the Fraternal Order of Police, had little comment about the sentence except to say, "He had his day in court, and like it or not, the results are what they are."
--Matt Walberg
chicagobreakingnews.com |
