A 29-year-old St. Charles man will be sentenced May 28 for sucker punching another man outside a bar more than three years ago.
Jack R. Gray, of the 700 block of Westfield Drive, faces anywhere from probation to five years in prison after a jury found him guilty this week of assaulting the man outside a bar on the 200 block of West Main Street in St. Charles, prosecutors said.
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The victim fell unconscious to the payment, sustained a fractured skull, was in a medically induced coma for several days and still suffers hearing loss and ringing in his ears, prosecutors and defense attorneys said.
Gray and a friend were arguing with the victim and his friend at about 1:40 a.m. Oct 3, 2009, prosecutors said. Gray punched the victim in the left rear part of his jaw when the victim was turned and could not see Gray, prosecutors said.
Defense attorney Kathleen Colton said she presented testimony from three of Gray's friends that another man punched the victim, now 29. Colton said a bartender at Pub 222 also testified that she saw Gray walking away from the scene before the victim was hit. Colton noted that a person who was a suspect in the assault invoked his Fifth Amendment right against self incrimination during a pretrial hearing last week.
"Jack Gray was walking away at the time the punch was thrown," said Colton, who plans to ask for a new trial and appeal the case. "The bottom line is Jack Gray maintains his innocence. There was somebody else who threw the punch."
The verdict late Tuesday marked the third felony conviction against Gray, which is one factor Kane County Judge Karen Simpson will consider at sentencing.
In 2003, Gray pleaded guilty to criminal damage to property from a December 2001 arrest for damaging several vehicles, including a police car, and was sentenced to 24 months probation, according to prosecutors and court records.
In 2004, Gray pleaded guilty to one count of delivery of a controlled substance stemming from a 2002 arrest in DuPage County and was sentenced to probation. He failed to complete probation and was later sentenced to four years in prison, prosecutors said.
"It is disappointing that someone with this criminal history continues to make such bad decisions. We hope Mr. Gray realizes that opportunities for him to be productive in life are running out because of his destructive behavior and failure to learn from poor choices," said Kane County State's Attorney Joe McMahon said in a prepared statement.
Gray had been free on $3,500 bond while his case was pending. Bond was revoked after the verdict and he was taken to the Kane County jail.