Ear biting done in self-defense, McHenry Co. judge rules in acquittal
A McHenry County man who admitted biting part of another man's ear off during a fight last year was cleared of two charges Monday by a judge who ruled his actions amounted to self-defense.
McHenry County Judge Joseph Condon acquitted James A. Edwards, 35, of felony aggravated battery and misdemeanor battery charges stemming from the June 20 altercation that ended with the second man, a McHenry resident, missing two 2- to 3-centimeter chunks of ear.
The decision came after a stipulated bench trial in which county prosecutors and Edwards' attorney submitted an agreed upon a set of facts relating to the incident and asked the court to determine whether a crime occurred.
After reviewing the facts and police reports, Condon declared Edwards not guilty.
"I can't help but notice several witnesses corroborate Mr. Edwards' account and also contradict that of (the second man)," the judge said. "I find the defendant was justified in using force to defend himself and the force used was proportionate to the attack."
The altercation in the early morning hours of June 20 at a house party in McHenry thrown by a mutual acquaintance. Authorities said Edwards and the second man exchanged words and then had a confrontation outside on the home's driveway.
Edwards and witnesses said the second man was the aggressor, charging Edwards and taking them to the ground. Once on the ground, Edwards said, the second man began gouging at his eyes.
"Mr. Edwards believed he was trying to take his eyes out," Edwards attorney Mark Gummerson said. "At that point, he believed he had no other choice and he did reach up and bit his ear. All he did was defend himself every step of the way."
Assistant McHenry County State's Attorney Sharyl Eisenstein said even if the second man was the aggressor, "It was not provocation for him biting off a piece of the victim's ear."
Police said officers later recovered the missing pieces of the ear, but they were too small to be reattached.