A Wonder Lake man who authorities said killed his wife more than 20 years ago was ordered Tuesday to be held in McHenry County jail on a domestic battery charge, in a reversal of a previous court ruling.
Charles Gozzola, 49, was arrested last week on a misdemeanor domestic battery, and Judge Jennifer Johnson initially allowed Gozzola to remain free while awaiting trial.
Gozzola was convicted in 2002 in Cook County of second-degree murder in the death of his wife, according to courts records in McHenry and Cook counties.
Prosecutors successfully sought to reverse the judge’s decision to free Gozzola, citing not just his past conviction but the fact that, after he was let go last week, police were called to his home the same day when neighbors called 911 reporting a possible domestic disturbance. Gozzola was not rearrested at that time, and prosecutors argued that a judge should lock him up while he awaits trial or, at the very least, impose conditions such as the surrender of any firearms and and a ban on contacting the alleged victim.
Judge Michael Feeterer ultimately decided that Gozzola should remain behind bars while awaiting trial on the domestic battery charge. But in another twist, authorities ended up taking Gozzola into custody Tuesday prior to the judge’s ruling after officials announced there was a new warrant for his arrest.
Online records from the McHenry County Sheriff’s office indicate that Gozzola is now being held on a felony charge of aggravated battery, as well as a domestic battery charge.
According to authorities, last week’s domestic battery charge was filed after Gozzola allegedly “struck [the victim] in the head with a water bottle and pulled her into a vehicle against her will” in the parking lot of Planet Fitness in Crystal Lake. Police in Wonder Lake said they later located Gozzola at his residence, forced their way in after failing to make contact with anyone inside and arrested him.
But the alleged victim testified Tuesday, and said no when asked if Gozzola had ever hurt her. She also testified that she was just holding hands with Gozzola in the parking lot last week and that she entered the vehicle on her own accord.
“That’s not a crime,” defense attorney Clay Mitchell said of merely holding hands, Mitchell also said the alleged victim had “given a very credible description of the case.”
Feeterer expressed skepticism of the claim, noting prosecutors’ assertion that three people who did not know Gozzola or the alleged victim witnessed their interactions in the parking lot.
The judge said he weighed other factors, such as Gozzola’s criminal history, in making the decision to detain the defendant. At the same time, Feeterer acknowledged the alleged victim’s testimony that she has “no fear” that Gozzola would hurt her.
Gozzola’s next court date is listed as Feb. 13. He has asked for a speedy trial.