Judge revokes pre-trial release for Oswego man accused of battery near Illinois Prairie Path
DuPage County State’s Attorney Robert Berlin and Wheaton Chief of Police P.J. Youker announced on July 22 that Judge Jeffrey MacKay has granted the State’s motion to revoke pre-trial release for Marvin Carter, an Oswego man charged with allegedly punching a woman in the face while he was out on pre-trial release.
Carter, 48, appeared in First Appearance Court on July 12, facing two counts of Aggravated Battery in a Public Place (Class 3 Felony), two counts of Resisting a Police Officer Causing Injury (Class 4 Felony), one count of Aggravated Assault on an Officer (Class 4 Felony), and one count of Misdemeanor Battery. Although the new charges are non-detainable, Carter was initially granted pre-trial release with electronic monitoring and conditions requiring him to stay at least five thousand feet from the victim. The State subsequently filed a motion to revoke his pre-trial release based on previous cases involving aggravated battery, battery, resisting a police officer, and criminal damage to government-supported property. After Carter refused court appearances multiple times, Judge MacKay held the hearing and granted the State’s motion to revoke his pre-trial release.
The latest case alleges that on July 11 at approximately 5:37 p.m., Wheaton police responded to a report of battery near the entrance of the Illinois Prairie Path. Officers made contact with the female victim who reported being punched about her head and neck by Carter after he approached her as she sat on a bench. It is further alleged that Carter kicked her belongings before walking away; officers located him nearby and took him into custody after a brief struggle.
“The allegation that Mr. Carter walked up to an innocent woman and, for no discernable reason at all, beat her, are extremely disturbing and will not be tolerated in DuPage County,” Berlin said. “What I find troubling and frustrating, however, is the fact that under the Safe-T-Act, this defendant was afforded the opportunity to allegedly beat an innocent, unsuspecting woman after he had been released pre-trial on previous non-detainable aggravated battery and battery charges. This fact illustrates the need for improvements to the State’s Safe-T-Act to give judges more discretion. Too often, we are seeing cases where a defendant accused of a serious crime is released pre-trial because the Act does not allow judges to use their discretion for certain offenses. Since the inception of the Safe-T-Act I have been beating the drum that judges, not the legislature, are in the best position to decide whether a defendant in any particular case should be detained pre-trial. We are all thankful that the victim in this case is expected to recover from her injuries. I thank the Wheaton Police Department for their quick apprehension of the defendant in this case and for their continued efforts in keeping our communities safe. I also thank Assistant State’s Attorneys Sandi Tanoue, Daniel Orescanin and Anthony Irsuto for their efforts in preparing a strong case against Mr. Carter.”
“Our police department works tirelessly to keep our community safe,” Youker said. “This would not be possible without the dedication of hardworking men and women of our department... The alleged violent actions...are disturbing...”
Carter's next court appearance is scheduled for August 26 before Judge MacKay.
Members of the public are reminded these charges do not constitute proof; defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The average student-to-teacher ratio across DuPage County schools was thirteen-to-one during the 2022-23 school year; there were over ten thousand full-time faculty members serving more than one hundred forty-two thousand students among two hundred twenty-seven schools, according to the Illinois State Board of Education.