Hate crime charge dropped against Elburn man

Prosecutors on Monday dropped a felony hate crime charge against an Elburn man stemming from a 2009 fight in downtown Elgin after the supposed victim failed to show up in court to testify.

Marcus J. Crimaldi, 24, of the 2S800 block of Red Oak Drive, was accused of striking a South Elgin man in the face at least four times with brass knuckles while shouting a homosexual slur Dec. 13 at South Grove Avenue and Chicago Street.

The victim did not require medical treatment and Crimaldi was charged with two counts of aggravated battery and a felony hate crime.

If convicted, Crimaldi could have faced up to five years in prison, but probation also was an option.

Crimaldi was to stand trial before Judge Timothy Sheldon on Monday but Assistant State’s Attorney Reagan McGuire was forced to drop the charges after the alleged victim, a South Elgin man, failed to show in court.

“We knew there would be an end to it, but certainly this is not how we wanted it to end,” McGuire said.

Defense attorney Liam Dixon acknowledged that his client yelled a derogatory term during the fight, but argued that alone was not enough to prove the altercation was a hate crime.

“Our entire premise was that it was started by the alleged victim,” Dixon said. “It was definitely never, ever (a hate crime). (Crimaldi) wasn’t beating him up because he thought he was gay. We filed a speedy trial (motion) because we knew he wasn’t going to show because he wasn’t telling the truth.”

Dixon said Crimaldi was not considering a lawsuit in the case.

“My client wants this over and to move on with his life,” he said.