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updated: 10/7/2012 5:06 PM

Incarcerated man wants to change guilty plea

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A 51-year-old Chicago man who was sentenced to three years in prison for stabbing his co-worker in a Batavia parking lot has apparently changed his mind about his guilty plea.

Calvin M. Hayes, of the 300 block of N. Pine Street, was arrested May 21 and charged with attempted murder, aggravated battery and aggravated battery with a deadly weapon.

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Hayes was accused of stabbing his co-worker, a 45-year-old Maywood man, in the parking lot of Suncast Corp., 701 N. Kirk Road, after the two argued before sharing a ride home.

Hayes faced anywhere from six to 30 years in prison if convicted of the most severe charge of attempted murder.

Last month, Hayes pleaded guilty to aggravated battery with a deadly weapon and was sentenced to three years in prison.

In exchange for the plea, which was accepted by Kane County Judge Clint Hull, prosecutors dismissed the other charges, including attempted murder.

Hayes was given 109 days credit for time spent in the Kane County jail since his arrest and was fined $365.

According to court records, Hayes last week filed a motion to request from the judge an extension of the 30-day period to file a motion to withdraw his guilty plea and vacate his sentence.

A hearing date for that request was not immediately available.

Hayes is currently serving his sentence at the Vandalia Correctional Center and is due for release in November 2013.

According to the Illinois Department of Corrections, it was not Hayes' first time in prison.

He was sentenced to six years in prison for a 2003 arrest in Cook County on drug charges.

Massage suit partially settled: A partial settlement has been reached in a lawsuit filed by a woman after a Geneva massage establishment employee allegedly exposed himself to her while she was getting a massage.

According to court records, Heavenly Massage, Inc. agreed last month to pay the woman $22,500 to settle the lawsuit.

Attorneys representing Heavenly Massage have said the business does background checks on all its employees and masseuses, and did so in this case.

The other defendant, Michael J. Tovrea, 26, formerly of Sugar Grove who now lives in Marseilles, is still on the lawsuit.

Tovrea was charged with aggravated battery, battery, obscenity and disorderly conduct after the November 2008 incident at the business, 141 S. Randall Road.

He pleaded guilty to aggravated battery in spring 2009 and was sentenced to 30 months probation and fined $1,750, according to court records. Records show he completed his probation satisfactorily.

The lawsuit is next due in Kane County court Oct. 19.

hhitzeman@dailyherald.com

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