A 36-year-old man accused of coughing in the face of a McHenry County sheriff’s deputy and claiming he had COVID-19 – although tests later showed he was negative – is set to appear in court Wednesday, according to court documents and his attorney.
Dustin A. Garbacz, of the 100 block of Lawrence Avenue in Woodstock, is charged with felony aggravated battery in a public place, aggravated assault of a police officer and misdemeanor resisting a police officer, according to the criminal complaint filed at the McHenry County courthouse.
The most serious offense – aggravated assault of a police officer – is a Class 2 felony, which typically carries a sentence of three to seven years.
On Jan. 10, two officers showed up at Garbacz’s home to arrest him on two warrants, according to court records.
One warrant related to a missed appearance in traffic court on Dec. 27, and the other for allegedly slamming his front door on officers trying to make an arrest on Jan. 3, according to his attorney Philip Prossnitz and the criminal complaint.
As deputies tried to make the arrest on Jan. 10, Garbacz allegedly pulled away injuring the wrist and arm of one of the deputies. He also is accused of “knowingly admitting he is currently sick with COVID-19 and coughed directly in the face” of the deputy, according to the criminal complaint.
In a motion filed to reduce his bond from $40,000 to $22,500, Prossnitz argued that a test in the jail later showed that Garbacz was not infected with the virus.
On Wednesday, Garbacz has appearances scheduled in both McHenry County misdemeanor and criminal courtrooms.