Wyoming man innocent in Elk Grove stabbing

Finally, Wayland Smith can go home.

Six months after police charged the Wyoming man with attempted murder and aggravated battery following a late-night altercation in the parking lot of an Elk Grove Village bar, a judge found the 44-year-old over-the-road trucker not guilty of stabbing two men after spending six hours eating, drinking and playing pool with them.

Cook County Circuit Court Judge Thomas Fecarotta announced his verdict Thursday afternoon following a bench trial in Rolling Meadows. In doing so, he cited evidence that dominated the trial that all three men involved in the incident were drunk at the time.

“And I don't mean just a little,” said Fecarotta, referring to the injured men's admissions that they drank five or six beers and several shots of liquor that night.

Both men were seriously injured with stomach wounds.

However, Fecarotta found inconsistencies in their testimony he said suggested neither has a clear idea how the incident unfolded, preventing him from finding Smith guilty beyond a reasonable doubt.

“If they don't know what happened, how can I?” Fecarotta asked.

Pointing out that one of the injured men is currently on probation following a conviction for his third DUI, the judge referred to a statement the man made to Elk Grove Police Detective Daniel Burke that he pulled out a boxcutter before the fight but threw it onto the ground. The closed boxcutter was recovered at the scene, Burke said.

“He tossed that boxcutter for a reason,” said Fecarotta, reminding those present that possessing one violates the man's probation.

Cook County Assistant State's Attorney Mike Gerber said Smith attempted to flee the scene, which suggested “consciousness of guilt.”

Cook County Assistant Public Defender Daniel Naranjo disagreed with prosecutors' version, claiming Smith immediately told officers he acted in self-defense after a fight broke out among the men.

“I'm not saying the defendant is justified,” said Fecarotta. “But what I cannot say is the defendant is guilty of attempted first-degree murder and aggravated battery based on this evidence.”

Naranjo said his client was relieved with the acquittal.

“He's very happy the judge listened carefully to the testimony and took into account the alleged victims' credibility and made the right decision,” Naranjo said.