Was Crystal Lake murder suspect looking for a fight?

A McHenry County judge is withholding ruling, for now, on whether prosecutors can present evidence that a Crystal Lake man accused of a one-punch murder was out looking for a fight on the night he struck the fatal blow.

Judge Sharon Prather said she would have to hear the testimony first before acting on a request from Dustin Goy's attorneys to bar it during his murder trial scheduled later this year.

Goy, 32, faces the first-degree murder charge stemming from a September 2007 incident in which, authorities say, he sucker punched Tony Carlsen outside a downtown Crystal Lake bar.

The punch instantly knocked out the 45-year-old Carlsen, causing him to fall back and strike his head on the pavement. He died a week later.

Goy is claiming he acted in self-defense after the larger Carlsen physically confronted him and his friends after a brief verbal altercation.

His attorneys are asking Prather to prevent county prosecutors from offering testimony that Goy nearly came to blows with another man earlier that night. According to testimony before a county grand jury, Goy spit water on the man inside a tavern. When the man complained, a police detective testified, Goy approached him aggressively and said, "C'mon, let's go" as an invitation to fight.

But Goy attorney Timothy Mahoney said Friday that man and his client actually are friends.

"Regardless of him spitting water (on the man), they eventually shook hands and Mr. Goy never touched him," Mahoney said.

Prather said she would have to hear the testimony before deciding whether it is appropriate.

"These are very fact-specific issues that the court cannot rule on at this time," she said.

Goy, who is free on a $50,000 bond, is scheduled to face trial Oct. 5.