Defense wants to see toxicology report

Attorneys for a Crystal Lake man charged with killing another with one punch are asking that a judge order prosecutors to turn over toxicology reports from the dead man, saying preliminary findings show he had cocaine and a large amount of alcohol in his system when he suffered the fatal blow.

According to court papers filed Wednesday by Dustin Goy's lawyers, Anthony Carlsen had a blood-alcohol level of 0.22 percent shortly after the punch that killed him, nearly three times what is considered too drunk to drive legally.

That, combined with findings Carlsen had cocaine in his system at the time, could be key evidence for Goy's defense.

"When you have cocaine in your system along with a lot of alcohol, it could affect your behavior," defense attorney Todd Cohen said. "I believe it's relevant."

Goy, 30, is charged with first-degree murder stemming from a Sept. 9 altercation outside The Cottage tavern in downtown Crystal Lake.

Authorities say as several people gathered outside the bar exchanging words, Goy sucker-punched the 45-year-old Crystal Lake man in the face. The blow sent Carlsen falling backward, causing him to hit his head on the pavement and suffer a fatal brain injury.

The issue could be resolved when Goy next appears in court June 5. On that same date Judge Sharon Prather is scheduled to hear defense arguments asking her to dismiss the indictment against Goy over claims prosecutors improperly presented evidence to the grand jury that indicted him.