Judge upholds indictment in one-punch slaying

Rejecting claims of prosecutorial misconduct, a McHenry County judge Thursday upheld the first-degree murder indictment against a Crystal Lake man charged in what authorities called a one-punch murder.

Judge Sharon Prather ruled that a prosecutor did not lie to or mislead the grand jury that in December indicted Dustin P. Goy for the killing of fellow Crystal Lake resident Anthony Carlsen in a Sept. 7 altercation.

"In this case there was not any prosecutorial misconduct on the behalf of (Assistant State's Attorney Scott) Kent in obtaining the indictment," Prather said.

Authorities say Goy, 31, sucker-punched the 45-year-old Carlsen during an early morning shouting match as they left a downtown Crystal Lake tavern in separate groups.

The punch instantly knocked Carlsen unconscious, causing him to fall backward, strike his head on the pavement and suffer a fatal brain injury.

Police said there were no words exchanged between the men inside the bar, The Cottage, and no prior conflict between the groups they were with that night.

Goy's defense was asking Prather Thursday to dismiss the indictment on claims Kent, who has since moved into private practice, misled grand jurors about the evidence, improperly gave testimony himself and misstated the law as it applied to the case.

Among the defense's allegations were that Kent wrongly told the grand jury that he could obtain an indictment without their approval and that he withheld witness statements that benefited Goy.

"They were never given a fair chance to come back with a true bill of indictment," Goy attorney Todd Cohen said. "It's so bad, it's grossly negligent."

Prather Thursday also began hearing testimony on a defense motion she throw out statements Goy gave Crystal Lake police detectives the afternoon after the punch. Goy's attorneys claim he unknowingly waived his rights to remain silent and have an attorney.

But a videotape of the interview shown in court Thursday showed Goy telling police he understood his rights and signing a form waiving them.

Prather recessed the proceeding until July 22 so she could view the entire 95-minute interview before issuing a decision.

Goy, who also is charged with aggravated battery, is free on $500,000 bond.