A 36-year-old Woodstock man was sentenced to two years of probation after he claimed he had COVID-19 and coughed in a deputy’s face during an arrest in January.
Dustin Garbacz, 36, of the 100 block of Lawrence Avenue in Woodstock, was indicted by a grand jury with aggravated assault of a peace officer, resisting a peace officer and resisting a peace officer resulting in injury.
The Woodstock Police Department attempted to serve an arrest warrant at Garbacz’s residence on January 3.
Garbacz had a warrant after he failed to appear in court for an alleged speeding violation in April 2021.
The Woodstock police officer told Garbacz there was a warrant for his arrest.
Garbacz then allegedly slammed and locked the door to his residence and refused to exit, the complaint said.
A judge issued another warrant for Garbacz for resisting a peace officer.
On January 10, the McHenry County Sheriff’s Office attempted to serve the arrest warrants at Garbacz’s residence.
Garbacz allegedly resisted the two deputies who were attempting to take him into custody, according to a criminal complaint.
The complaint alleges Garbacz pulled away from both deputies, resulting in injuries to one of the deputy’s left wrist and arm.
The man admitted to being sick with COVID-19 and coughed directly in the deputy’s face, the complaint added.
Garbacz was arrested and later indicted on January 27.
Garbacz pleaded guilty on April 14 to resisting a peace officer, a Class A misdemeanor.
The other two charges, aggravated assault of a peace officer and resisting a peace officer resulting in injury, both Class 4 felonies, were dismissed by prosecutors.
A judge sentenced Garbacz to two years of probation. He is also required to pay $1,314 in court fees and spend five days in jail.