Wonder Lake man killed previous wife, but that doesn’t count as a domestic battery conviction, judge rules

A felony allegation of domestic battery has been dismissed against a Wonder Lake man on the premise that he did not have a previous conviction of the same offense to warrant the charge – even though he was convicted in 2002 of killing his wife.

Charles Gozzola, 49, still faces a separate felony charge stemming from his arrest in late January on allegations that he battered a female relative in the parking lot of a Crystal Lake business before police forced their way into his home and placed him in custody.

Gozzola was initially indicted by a grand jury in February on charges of aggravated battery in a public place, a Class 3 felony, and domestic battery with physical contact, a Class 4 felony, according to the indictment in McHenry County court. The latter charge was predicated on the assumption that the defendant had a prior conviction of the same offense, but his attorney, Clay Mitchell, successfully argued Friday that – though Gozzola had spent time in prison for second-degree murder in the killing of his wife – that was not the same thing.

Mitchell said the grand jury was “misled” and not “properly advised” on the law. The defense attorney argued that, for the domestic battery charge to rise to a Class 4 felony, Gozzola would have had to have been convicted of a prior domestic battery or first-degree murder. But he was convicted only of second-degree murder, for which he was sentenced 30 years in prison but was released early.

In the current case against Gozzola, authorities allege that on Jan. 31, he “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. The incident was reported by three witnesses, police and prosecutors said. Wonder Lake police said the vehicle was later found at a local residence and, fearing for the woman’s safety, they forced their way in after failing to make contact.

Gozzola was initially released from jail pending the outcome of the new case, but prosecutors successfully argued in front of a different judge that he should remain in custody pending his trial.

In court last week, Assistant State’s Attorney Ashur Youash argued that the state “did not come near misleading the grand jury” about Gozzola’s criminal record.

Even if the assistant state’s attorney who presented the case to the grand jury “misstated” the law, “this does not warrant dismissal of an indictment” or rise to a “substantial amount of injustice,” Youash said.

Youash argued that although Gozzola was not in fact convicted of domestic battery in connection with the shooting death of his wife, it was a violent act and Gozzola killed her in the “commission” of domestic battery. The prosecutor said the basis of the second-degree conviction was an act of domestic violence. Leading up to the fatal shooting, Youash said the couple had been arguing over whether his wife stole his cocaine.

Repeatedly, Judge Mark Gerhardt asked Youash if Gozzola was “convicted of domestic battery” in his wife’s death, to which Youash said Gozzola was not, to which Gerhardt said “then let’s move on.”

Mitchell said the state “doubled down,” knowing they misstated or mislead the grand jury to get the Class 4 felony. “Technically, he was not convicted of domestic battery,” Mitchell said.

Youash responded that there is “ample case law” establishing that the second-degree murder conviction of a spouse “qualifies a crime of domestic battery.”

Ultimately, after a heated exchange over whether Gozzola “committed” or “was convicted” of domestic battery in shooting his first wife, the judge ruled in the defense’s favor.

Gozzola “was not convicted of domestic battery so this is not a Class 4 felony,” Gerhardt said. “The state chose to double down on a possibility. This matter cannot be proven a Class 4 felony. ... Nothing presented to me convinces me otherwise. The assistant state’s attorney told the grand jury this is a Class 4 felony because the defendant was convicted of second-degree murder of his wife, but that doesn’t make it a Class 4 felony.”

Gerhardt said prosecutors “misinformed the grand jury” as to what the law is; he called that “substantial” and a “miscarriage of justice.”

“What happened is now is he stands here he facing three years in prison” or up to six years if extended term eligible “rather than 365 days in jail,” the judge said. “That’s a miscarriage of justice.” He then dismissed the Class 4 felony.

After the hearing, McHenry County State’s Attorney Patrick Kenneally said prior to filing the charges, his office “consulted with the Illinois Appellate Prosecutor’s Office on whether second-degree murder of one’s wife is necessarily a conviction for domestic battery as all the elements for a domestic battery offense have been satisfied.”

“We believe this is true in that same way that a person convicted of murder has also necessarily committed a battery,” Kenneally said. “This is clearly a good-faith position, and a judge stating in open court and on the record that the McHenry County State’s Attorney’s Office ‘misrepresented the law’ is unnecessarily disparaging and certainly not appreciated.”

Gozzola still faces a Class 3 felony in his current case. If convicted, the charge carries a sentencing range from two to five years in prison, or up to 10 years if he is found to be eligible for an extended term. The charge also is punishable by probation.

Gozzola is still being detained pretrial in the county jail and is due in court next on April 19.