An attempted murder charge against a Lake in the Hills man was dismissed Tuesday in exchange for a guilty plea to aggravated domestic battery.

Daniel Swiderski, 31, was sentenced to three years in prison, a judgment order shows. Additional charges of unlawful restraint and interfering with the reporting of domestic battery were also dropped, the order filed in McHenry County court shows.

Just after midnight on May 27, Lake in the Hills police were called by a family member who did not live in the home but reported there was a domestic disturbance there, authorities said.

Police said they banged on the front and back doors several times and repeatedly announced their presence. For about an hour and a half, police investigated prior calls of disturbances at the address as they stood outside the home waiting for someone to come to the door or to hear a definitive scream for help, according to police body cam video played during a hearing in the case. They could hear crying, yelling and stomping from inside the house, the footage showed.

Police waited because they did not have a search warrant, according to testimony during the hearing. But eventually, police heard the woman scream “help me” and quickly broke into the house through a back glass door. They ran to an upstairs bedroom, where they found Swiderski and the woman, the video showed.

Swiderski was holding the woman in the bedroom closet, and when police found her, she was crying and her face was bloodied, prosecutors said.

The defendant’s attorney had sought to have the footage withheld from his trial, arguing it was an illegal search based on the way police entered the home.

However, Judge Mark Gerhardt denied the motion to set aside the evidence, finding that police had “reasonable grounds” to believe it was an emergency and someone needed help. He considered the time that had lapsed since police arrived with no response, prior domestic calls to police, information about a potential mental health issue and a report there were firearms in the home, according to Gerhardt’s ruling.

Had the case gone to trial the video could have been presented as evidence.

According to the criminal complaint Swiderski punched and struck the woman in the face “multiple times with his fist and elbow.” He also was accused of wrapping his hands around her neck and squeezing “several times for multiple intervals for approximately one hour.”

The most serious Class X felony charge of aggravated battery was dismissed because Swiderski has no criminal history and, prosecutors said, they did not want the woman to go through the trauma of testifying at trial.

“We considered the effect on the victim of having to face him and being re-victimized, coupled with his lack of any prior criminal convictions,” Assistant State’s Attorney Margaret O’Brien said.

He could have gotten probation on the conviction, O’Brien said. He is required to serve 85% of his prison time and will be on mandatory supervised release for four years, which is longer than typical, O’Brian said. He is receiving credit for time served in the county jails of 261 days, the order shows.

Swiderski’s attorney could not be reached for comment.