Plato Twp. man gets 4 years probation in felony domestic battery case

A Plato Township man pleaded guilty to a felony charge aggravated domestic battery and accepted a term of four years of probation in a plea agreement with prosecutors and the victim.

Kane County Circuit Judge Donald Tegeler accepted the plea deal June 7 for Eric D. Zimmerman, 37, who also pleaded guilty to a misdemeanor charge of violating an order of protection.

Assistant State’s Attorney Hannah Stout said Zimmerman was in a dating relationship with the victim in this case and had an argument with her on Aug. 22, 2023.

“During that argument, he stomped on (her) face, causing fractures in her nasal bone and in her cheekbones,” Stout said.

Stout, State’s Attorney Jamie Mosser and the victim had discussed the plea agreement through extensive phone calls, she said.

“This plea is in conjunction with her desires, and she is in agreement with that,” Stout said of the victim.

The aggravated domestic battery charge is a Class 2 felony, punishable by three to seven years in prison and possibly an extended term of seven to 14 years, Tegeler said.

Tegeler said all other counts on Zimmerman’s case will be dismissed, as per the agreement.

Zimmerman will be on probation until June 7, 2028, Tegeler said.

“You agree to an entry of an order of protection that will last the entire sentence of four years plus two years after the end date of this sentence,” Tegeler said. “Should the petitioner request an earlier termination date, she is free to do so.”

He was also sentenced to 180 days in jail, of which he had already served 265 days. Zimmerman was in the county jail since Sept. 16, 2023.

“Normally, good time would apply, sir. It does not here because of the bodily harm,” Tegeler said. “You will follow all the rules of probation. You will have no further criminal violations. ... You will have no contact of any sort with (the victim) ... That includes direct, indirect and through third parties.”

Tegeler also ordered that Zimmerman was not to consume alcohol, cannabis or any non-prescribed drugs and be subject to random drug testing and checks at his house without a warrant.

Zimmerman also will have to give up any guns he may own and be on GPS monitoring for one year, Tegeler said.

“He agrees that he will not receive day-for-day credit while on GPS monitoring should he be resentenced to jail or prison based on a violation of probation,” Tegeler said.

However, GPS monitoring is subject to review or removal at a six-month period. If he has no violations and is in compliance for one year, the probation will be reduced to 36 months, Tegeler said.

“If he complies for the second year, the question may be reviewed at 24 months, and a shortening could be granted or denied,” Tegeler said.

Zimmerman also has to pay a fine of $3,529 within 24 months.

Zimmerman can communicate with the victim, only about finances, through the Talking Parents app.

Zimmerman cannot use the app to engage in harassing or abusing language and the communications will be monitored through the Sheriff’s Office, Tegeler said.

If Zimmerman wants to leave the state, Tegeler said Zimmerman would have to contact his attorney to file a motion that would have to be reviewed.

Tegeler also ordered Zimmerman to report to the Kane County Diagnostic Center for psychological evaluation, and he will have to complete any treatment that is recommended.

The State’s Attorney’s Office will provide all police reports to the Diagnostic Center.

“There may be days that they tell you that you should do what you don’t want to do,” Tegeler said. “If you think that there’s an issue, you call (his attorney) and have him file a motion. Don’t ignore them. If you ignore them and they prove up a violation, the chances of you staying out of custody are slim to none. You understand?”

“Yes sir,” Zimmerman replied.

“If you violate this probation, it’s probably not going to go well for you,” Tegeler said.

Zimmerman’s attorney declined to comment.