W. Dundee manager not guilty of assault

A Kane County Circuit Judge Wednesday found West Dundee Village Manager Joe Cavallaro not guilty of misdemeanor battery Wednesday after an eyewitness contradicted the alleged victim's story.

After about two hours of testimony, Judge Bruce Lester said the state failed to prove that Cavallaro poked local business owner Randall Errington in an insulting or provoking manner during an incident that happened May 4.

"If I hold the evidence up to a standard of reasonable doubt, I have absolutely no choice but to enter a verdict of not guilty," Lester said. "(Errington's) story was directly contradicted by the sole eyewitness and impeached by a police officer who took statements that day."

Errington, owner of Hammerhead's Billiard Pub, said that on the day of the altercation he was distributing petitions to downtown business and building owners regarding a proposed sign ordinance the village board was considering.

While inside the Around the Corner Candy Store on South Second Street, which is across the street from village hall, Errington said Cavallaro came "storming" across the street. Errington said Cavallaro purchased a soda and slammed a dollar bill onto the counter before exiting the store, at which time, Errington said he told Cavallaro "to start looking for another job."

In response, Errington testified, Cavallaro came back into the store screaming expletives at him and came within an inch of his face while poking him hard in the chest about a dozen times in the space of 15 to 20 seconds.

But the store owner, Kim Srajer, told the judge she did not see Cavallaro poke Errington because her attention was diverted to the cash register. She said she also did not hear Cavallaro use obscene language during the short time the exchange took place. Srajer said Cavallaro told Errington not to threaten him in a raised voice.

Cavallaro also testified that physical contact was made because he put his hands up to stop Errington from advancing toward him.

Furthermore, police officer John Scheffler, who responded to the 911 call, said Errington refused to show him any marks on his body to corroborate his story that he was poked in the chest.

Cavallaro said the verdict was proof that there were too many holes in the prosecution's version of events.

"That indicated much was made up as to what actually occurred," Cavallaro said. "There were significant credibility issues based on testimony."