A man twice convicted of delivering a paralyzing punch more than 12 years ago in Mokena again was sentenced to probation, which was considered already served.
On Friday, Judge Vincent Cornelius informed both parties in the case against Joseph Messina, 33, that he believed he was bound by Judge Sarah Jones’ original 2013 probation sentence.
As a result, Cornelius adopted Jones’ sentencing order and Messina was re-sentenced to 30 months probation, which he already has completed. Messina has paid $39,900 in restitution, as well.
The family of Eric Bartels was able to deliver new victim impact statements to Cornelius after Messina’s second conviction of aggravated battery for punching Bartels in 2009 outside the bar 191 South in Mokena.
Bartels’ head struck the pavement during the incident and he suffered a brain injury that left him paralyzed, blind and mute.
Bartels’ sister, Lauren Bartels, told Cornelius that Messina had “taken everything” from her brother, including his ability to prosper and make a life of his own. She said she and her family have made many sacrifices to provide care for Eric Bartels.
“We’ve been robbed in so many ways, and I blame you,” she said of Messina.
She said Messina’s actions “will never be forgiven.”
Eric Bartels’ mother, Janet Bartels, said her son was a father who was a proud homeowner and worked as project engineer. She said all of her son’s goals and ambitions were “left on a pavement in a parking lot.”
“This was an unforgivable assault to another human being,” she said.
Messina declined to make any statements in court. After Cornelius adopted Jones’ sentence, he ruled Messina satisfied the terms of that sentence.
Before sentencing, Cornelius denied motions from Messina’s attorney, Jeff Tomczak, for a new trial and a reversal of the jury’s verdict in the second trial. Tomczak said he plans to have an appellate lawyer review his client’s case.
Tomczak contended the evidence in the case pointed to Mike Glielmi as the real offender.
Glielmi was identified by Messina’s friend Steve Raymond as the person who threw the punch, but Raymond admitted he lied to the police when he told them he didn’t see who hit Bartels. Glielmi, who has never been charged with the crime, twice invoked his constitutional right against self-incrimination.
Jones’ sentence for Messina had disappointed Will County State’s Attorney James Glasgow, who said he believed “the evidence was there to justify a prison sentence.”
Jones justified her sentence by saying that probation doesn’t “diminish what a defendant has done to another.” She said prosecutors did not show “sufficient aggravating factors to overcome the presumption of probation.”
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