A man accused of beating another person and stomping on his head in the early-morning hours of New Year’s Day outside a McHenry bar was sentenced Thursday to probation.
Erik Brzenk, 27, of McHenry, pleaded guilty to aggravated battery in a public place, a Class 3 felony, and was sentenced to 12 months of probation. He also was sentenced to jail time, but with time served, that was considered complete.
An additional charge of aggravated battery in a public place, as well as aggravated battery causing bodily harm, were dismissed, Judge Mark Gerhardt said in accepting Brzenk’s guilty plea.
Police responded to a 911 call around 1:30 a.m. Jan. 1. They said the incident began inside The Vixen where the man beaten by Brzenk – who authorities said wound up in a medically induced coma and nearly lost his eye – was drunk and had altercations with other bar patrons.
Outside the bar and in the parking lot of another establishment, The Gamblur, the altercation between the man and Brzenk ended with the man unconscious on the ground and Brzenk stomping on his head three times, prosecutors said.
Police said that Brzenk told them that he checked to see if the man was breathing, then walked away. Bystanders called 911, prosecutors said.
Brzenk was apparently wearing Jordan-style sneakers at the time, and prosecutors said the imprint of the bottom of Brzenk’s shoe, partially spelling out “Jordan,” was visible on the side of the victim’s face.
Brzenk’s trial had been scheduled to start Monday, had his defense attorney had filed a motion asking that witness testimony and pictures of the victim’s injuries not be introduced at trial.
Defense attorney Nicholas Feda wrote: “One of those injuries depicted includes what was described as shoe markings on the side of his.” Feda said allowing such evidence at trial “will be unduly prejudicial” to Brzenk, according to the motion filed in the McHenry County court.
Brzenk, who has no criminal history, also was ordered to pay $356 in restitution to the victim and court fines and fees of $1,649, records show.