A suspect has been sentenced to probation after he stomped on a victim so hard that it left a shoe imprint on the victim’s face during a brutal attack outside a bar in McHenry, leaving the victim in a coma.
Erik J. Brzenk, 27, of McHenry, was charged in January with one count of aggravated battery causing great bodily harm, a Class 3 felony.
A criminal complaint filed in McHenry County Circuit Court said Brzenk caused great bodily harm and possible disfigurement to another man around 1:30 a.m. on January 1 in McHenry.
Brzenk punched, kicked and stomped on the victim, causing serious injuries to his face and head, according to the complaint.
The complaint said the victim was placed in a drug-induced coma and would possibly lose his eye.
Court documents said Brzenk admitted to punching, kicking and stomping on the victim numerous times.
Brzenk said he checked that the victim was breathing but never called for help or waited for paramedics.
After the victim was unconscious, Brzenk stomped on the victim’s head multiple times and so hard that he left the imprint of his shoe soles on the victim’s face, court documents said.
McHenry Police Department Public Affairs Officer Ashley O’Herron said the incident occurred in the rear public parking lot east of Green Street, behind the Gamblur and The Vixen.
Mike Siudak, the owner of the Gamblur, said the incident happened in the public parking lot in the 1200 block of Green Street behind numerous establishments and did not involve his establishment.
A grand jury indictment said the attack happened in the parking lot behind the Gamblur.
O’Herron said a good Samaritan came across the victim and called 911. They did not witness the attack.
Officers arrived and found the victim lying on the ground and unconscious with obvious significant injuries to his head area.
Brzenk and the victim did not appear to have known each other, O’Herron said, adding that it appears alcohol was involved.
Officers arrested Brzenk and transported him to the McHenry County Jail.
The McHenry County State’s Attorney’s Office filed a petition to detain Brzenk pending trial and McHenry County Judge Cynthia Lamb granted the petition during an Initial Appearance Court hearing.
The judge said that despite a lack of criminal history, the specific facts of the case make it clear that there were no conditions of pre-trial release that could mitigate the real and present threat that Brzenk posed to the community.
Attorney Nicholas Feda, who represented Brzenk, said in court that he intended to assert affirmative defenses, including “justifiable use of force” and “use of force in defense of other property,” at trial.
Feda said that officers learned that the victim had engaged in a physical fight prior to being knocked unconscious in the separate incident.
Prosecutors were likely to seek to admit a photograph into evidence at trial showing the victim’s injuries, including one that showed the shoe markings on the side of his face.
Court records show Brzenk reached a negotiated plea deal with the state’s attorney’s office on Thursday.
He pleaded guilty to one count of aggravated battery in a public place, a Class 3 felony, in exchange for one year of probation. His other charges were dismissed.
A 63-day jail sentence was considered already served and Brzenk was released from the McHenry County Jail on Thursday upon the plea deal being accepted by McHenry County Judge Mark Gerhardt.
Brzenk was additionally ordered to obtain an anger evaluation and follow all recommendations from it. $356 in restitution was ordered to be paid to the victim.