Suspect fights 'sucker-punch' murder indictment

A man charged with a "one-punch" killing wants his first-degree murder indictment dismissed, claiming a prosecutor misled the grand jury hearing the case.

In court papers filed Wednesday, lawyers for Dustin Goy said an assistant McHenry County state's attorney misstated facts and the law in order to win the indictment that has the Crystal Lake man now facing up to 60 years in prison.

"Prosecutors are given a lot of leeway in front of a grand jury, but there are certain things a prosecutor cannot do to get an indictment," Goy attorney Todd Cohen said. "(The prosecutor) testified himself, misstated facts, misstated the evidence and gave bad law."

The McHenry County state's attorney's office said in response Wednesday that the allegations, aimed primarily at Assistant State's Attorney Scott Kent, are not accurate.

"Obviously we're going to file an objection to their request to dismiss the indictment," said Nichole Owens, criminal chief of the state's attorney's office. "Our position is Mr. Kent properly presented the evidence."

Goy faces a first-degree murder charge in the early morning altercation Sept. 9 outside a downtown Crystal Lake bar.

Police say that as two groups of men argued outside the business, Goy sucker-punched Crystal Lake resident Anthony Carlsen.

The blow, authorities said, immediately knocked the 45-year-old Crystal Lake man unconscious. Carlsen, police said, fell backward and struck the back of his head on pavement, causing a fatal brain injury.

Also Wednesday, Goy's defense filed court papers asking a judge to throw out a videotaped statement Goy gave police after the incident. Goy admits in the statement to punching Carlsen, court records indicate.

However, his defense claims Crystal Lake police obtained the statement in violation of Goy's Miranda rights.