Judge declares mistrial in Palatine home invasion case

Romantic spat or violent attack?

The question remained after a Rolling Meadows jury declared itself unable to reach a unanimous verdict in a Palatine home invasion case after deliberating more than 14 hours.

Prosecutors declined to comment on the outcome or say whether they will retry Scott Evangelista, 20, of Palatine.

Prosecutors described him as an angry young man who pushed his way into his ex-girlfriend's apartment in March 2009 and slapped and choked her because he was upset at their breakup and furious at her refusal to return some marijuana he asked her to hold for him.

Defense attorney Thomas Glasgow claimed Evangelista, then 19, was a lovesick boy who suffers from Tourette Syndrome and used marijuana to counteract the effects of the disorder.

Glasgow said the disorder, coupled with immaturity and the couple's sudden breakup, prompted his behavior.

Jurors deliberated until nearly midnight on Wednesday, and resumed deliberations late Thursday morning.

Over the course of the two days, they requested clarification of the definition of home invasion and a transcript of a detective's statement.

They were unable to reach a consensus by late Thursday afternoon, at which time Cook County Circuit Court Judge John Scotillo declared a mistrial.

The jury seesawed throughout the deliberations, Glasgow said, but ultimately the deadlock resulted from a single holdout.

"It goes to show the power of our jury system where one person has a very powerful vote and one vote will change the course of the case," Glasgow said.

Jurors declined to comment.

Evangelista and his ex girlfriend, now 17, had been dating about eight months at the time of the incident.

She testified Evangelista pushed his way into her home after she opened the door a crack, then attacked her.

After the mistrial, Glasgow questioned prosecutors' decision to charge his client with home invasion, a class X, non-probationable felony punishable by up to 30 years in prison.

"They chose the most egregious thing they could charge him with and it didn't fit the facts in this case," Glasgow said.

• Daily Herald staff writer Jamie Sotonoff contributed to this report.