An off-duty
Cook County Circuit Judge John Fleming also gave Anthony Abbate, 40, a home
curfew of 8 p.m. to 6 a.m. and ordered him to perform 130 hours of community
service.
Prosecutors had asked for prison for Abbate — he could have been sentenced
to up to five years behind bars — but the judge said he didn't see aggravating
factors to justify a prison term. The judge said Abbate had a clean record
before the incident, did not seriously injure the bartender, and underwent
alcohol rehab "and has not had a relapse."
"If I believed sentencing Anthony Abbate to prison would stop people
from getting drunk and hitting people, I'd give him the maximum sentence,"
Fleming said.
Earlier this month, the judge rejected Abbate's claim he acted in
self-defense and convicted him of aggravated battery. A tavern security video
shows a drunken, 250-pound Abbate punching and kicking the 125-pound Karolina
Obrycka as she tended bar in February 2007. The altercation happened after she
refused to serve him more drinks.
The video captured a lot of attention as another example of misconduct by
Abbate acknowledged during the trial that he was drunk during the incident.
But he said Obrycka pushed him first as she tried to remove him from behind the
bar. Obrycka said during the hearing that she continues to suffer psychological
wounds, often has nightmares and has trouble trusting people, including her
husband.
Prosecutors and Obrycka said they were disappointed with the sentence. Her
attorney, Terry Ekl, said he expected the lawsuit Obrycka filed against Abbate
and city to go to trial this year.
Abbate declined comment as he walked out of the courtroom holding his
girlfriend's hand.
"He's not a bad man, he did something bad," said his defense
attorney, Peter Hickey. He characterized the incident as "one silly,
stupid act."
Abbate has been relieved of his duties and pay, Chicago Police Department
spokesman Officer Robert Perez said.
The department is looking into "separation proceedings," Perez
said. Weis has said he wants Abbate fired.
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