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Whiteside County jury rejects self-defense, convicts Rock Falls man in neighbor’s fatal beating

Scott Hagerman

On the spring day in 2022 that Scott Hagerman moved into unit 401 of the Garden Circle Homes in Rock Falls, he was greeted with a handshake from new neighbor Ronald Fistler Jr., the man who lived on the other side of the wall in their multi-unit building.

Just four months later, on Aug. 6, 2022, Fistler, 61, was found lying in the street in front of their residences – his face swollen and bleeding – with Hagerman standing nearby telling officers that he was the better fighter, but he had only fought because Fistler swung first.

Fistler, who had suffered a brain injury, was taken to CGH Medical Center, transported to a Rockford hospital and died 2½ weeks later in a care center.

After a two-day trial that began Tuesday, a Whiteside County jury on Wednesday indicated that it didn’t buy Hagerman’s self-defense argument and found Hagerman guilty of committing aggravated battery on a public way, aggravated battery of a victim older than 60 and aggravated battery causing great bodily harm.

He also was found guilty of one count of resisting arrest after refusing to be fingerprinted and photographed at the Rock Falls Police Department following his arrest in the hours after the fight.

Over the course of the two-day trial, the jury was tasked with deciding whether claiming self-defense protected Hagerman from being found guilty, something Whiteside County Assistant State’s Attorney Ryan Simon argued against.

Simon told the jury that under the law, a person is not justified in the use of force if they provoke force and then use that as an excuse to use force against the other person.

After hearing testimony from Rock Falls police, the woman who found Fistler lying in the street and Hagerman himself, the six-man, six-woman jury deliberated for 2½ hours before delivering the jury verdict.

Throughout the trial, Hagerman had maintained that he was not guilty of a crime because he did not throw the first punch and he was acting in self-defense.

The fight was the result of a four-month feud that started the day after Hagerman had moved into the senior-housing development that also provides homes to low-income residents. He told the jury that on the day after he moved into the complex, Fistler asked him if he wanted a boyfriend.

Hagerman said that when he told Fistler that “he didn’t roll that way,” Fistler harassed him by throwing rocks in his yard and blaring music. He also alleged that Fistler had repeatedly said he wanted to harm Hagerman.

Hagerman testified that on the afternoon of Aug. 6, 2022, he was walking home after having lunch and beers at a bar. He saw Fistler, who had just picked up a fast-food order, pulling into his parking space on the street.

Hagerman said he waved to Fistler, and Fistler began “running his mouth,” after which Hagerman challenged Fistler to hit him.

While giving a blow-by-blow description of the fight, Hagerman said that of the three punches he threw, two missed Fistler and the third grazed his chin. In fact, he said, Fistler had caused his own severe head injuries. He said that two separate times during the fight, Fistler fell and struck his head on the curb.

Hagerman maintained that he was the real victim, saying that Fistler had repeatedly punched him in his shoulder, kneed him in his upper thigh several times and had broken two of his fingers.

Simon said statements made by Hagerman after the fight and later to police show that he didn’t like Fistler and had provoked him so that he could claim he had acted in self-defense.

The jury also was shown officer body camera clips in which Hagerman, a Marine trained in hand-to-hand combat and an instructor, told officers at the scene that he was the better fighter and had won the fight.

Whiteside County Public Defender James Fagerman argued throughout the trial that there were no witnesses who saw the altercation unfold, and therefore there’s no proof that Hagerman inflicted the injury.

Hagerman will be sentenced March 5.

Charlene Bielema

Charlene Bielema

Charlene Bielema is the editor of Sauk Valley Media.