Woodstock man who falsely claimed to have COVID-19, coughed in cop’s face during arrest gets probation

A 36-year-old Woodstock man who initially was charged with felonies for allegedly coughing in a deputy’s face during an arrest and claiming to be infected with COVID-19 pleaded guilty Thursday to a misdemeanor charge of resisting a police officer.

Dustin A. Garbacz was sentenced to two years of reporting probation, five days in the McHenry County Jail and $1,314 in fines. The jail time will be served intermittently over the weekends of April 22 and April 29. He also must submit to anger and psychological evaluations.

On Jan. 10, McHenry County sheriff’s deputies went to Garbacz’s home to serve a warrant related to a missed appearance in traffic court Dec. 27 and another for allegedly slamming his front door on officers trying to make an arrest Jan. 3, according to his attorney, Philip Prossnitz, and the criminal complaint.

As deputies tried to make the arrest Jan. 10, Garbacz allegedly pulled away, injuring the wrist and arm of one of the deputies. He also initially was accused of “knowingly admitting he is currently sick with COVID-19 and coughed directly in the face” of the deputy, according to the complaint.

Those actions resulted in Garbacz being charged with felony aggravated battery in a public place, felony aggravated assault of a police officer and misdemeanor resisting a police officer, according to the criminal complaint filed Jan. 11 at the McHenry County courthouse.

Aggravated battery in a public place, a Class 2 felony, carries a sentencing range of between three and seven years in prison.

Prossnitz argued that tests showed Garbacz was not infected with the COVID-19, and the felony charges were dismissed.