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updated: 1/9/2014 1:41 PM

Oak Park man found guilty in Naperville assault

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  • Paul Magee

    Paul Magee


A DuPage County jury did not believe Paul Magee was merely defending himself last May when he pummeled 27-year-old Kyle Cates and left him laying in a pool of his own blood on a Naperville street.

Magee, 27, of Oak Park, was found guilty Wednesday night by a six-person jury and now faces a prison sentence of two to seven years when he is sentenced next month.

Cates, now of Glen Ellyn, testified during Wednesday's trial that he was walking home roughly a half-mile 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's defense attorney argued that Cates was the instigator who approached the car yelling racial slurs and Magee was defending himself.

Magee is next due in court on the morning of Feb. 7, during which time his sentencing date will be set.

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