Fine, no jail time for Geneva attack

A 39-year-old Batavia man accused of trying to rob two men in downtown Geneva was convicted Monday of misdemeanor simple battery and fined $500.

In a bench trial, Kane County Judge Timothy Sheldon found Danny Kaminski of the 1200 block of Brandywine Circle guilty of two counts of battery after prosecutors failed to prove the attack took place on a public street.

Kaminski was charged with felony attempted robbery and aggravated battery in a public place after authorities said he punched two men and tried to rob them May 24, 2009 in the 0-99 block of North Second Street.

The most serious felony carried a top prison term of five years in prison.

Defense attorney D.J. Tegeler acknowledged that his client was intoxicated and acted inappropriately, but didn’t plan to rob anyone.

Tegeler said Kaminski was leaving a Geneva tavern and asked two men for a cab fare. The men said they had no money but one said he had a credit card; Kaminski asked them to see the card and when the man refused, Kaminski struck the man and ran away.

“The judge absolutely listened to all the facts and made a decision that was appropriate,” Tegeler said. “(My client) ask to see a credit card. He didn’t demand it. He didn’t cause any harm. That’s what the conviction says.”

The sentence for Kaminski, who has a previous driving while license revoked charge out of DuPage County, does not include any jail time, restitution or community service.