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posted: 1/8/2014 5:16 PM

Jury gets Naperville battery case

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  • Paul Magee

      Paul Magee

 
 

The fate of an Oak Park man charged with brutally assaulting a Naperville man following a night of drinking in downtown Naperville, rests with a jury of six that began deliberating Wednesday in DuPage County.

Paul Magee, 27, is charged with aggravated assault in a fight that occurred during the early hours of May 19, 2013, and left his victim with a concussion, a broken nose and several missing and damaged teeth.

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Kyle Cates, 27, now of Glen Ellyn, testified Wednesday that he was walking home three blocks from a Naperville bar about 2:30 a.m. May 19 when a black sedan pulled up behind him near the intersection of Benton Avenue and Washington Street.

When Cates turned around, he saw two men get out of the car, one of whom headed to a nearby alley and began urinating on a building. Cates said he also heard yelling coming from the sedan.

"I walked to the vehicle because I couldn't hear what they were saying," Cates said. "But as I got closer, they were becoming aggressive and the rear passenger door opened."

When it became clear he was in trouble, Cates said he pushed the door, to stall Magee, the rear passenger, and began to run.

Prosecutors said Magee exited the car, caught Cates and pummeled him several times in his face.

After several punches, Cates said there was a lull in the action and he attempted to get up and walk away. Magee then pounced back on Cates and punched him several more times until another of the car's passengers was able to pull Magee off Cates.

Cates called 911 and police found him minutes later, lying in a pool of his own blood.

Magee did not testify Wednesday, but defense attorney Kyle Rubeck argued that Cates, who admitted to drinking "five to seven beers" in a two-hour span, was the aggressor.

Rubeck said it was an intoxicated Cates who approached the car and kicked it, yelling racial slurs and antagonizing Magee. Rubeck said it was also Cates who threw the first punch, knocking Magee to the ground before Magee retaliated "to defend himself."

"No doubt about it, Kyle got beat up. Paul got the best of Kyle and Kyle didn't like it," Rubeck said. "But liquid courage makes you do stupid things."

The jury was not allowed to learn about Magee's background, but Naperville police have said the arrest was his third for battery in Naperville since 2006. He's also been charged in the past with criminal trespass, possession of cannabis and driving on a suspended license.

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