from the Circuit Court of Will County, No. 16-CM-1966; the
Hon. Edward A. Burmila Jr., Judge, presiding.
E. Chadd, Peter A. Carusona, and Amber Hopkins-Reed, of State
Appellate Defender's Office, of Ottawa, for appellant.
W. Glasgow, State's Attorney, of Joliet (Patrick Delfino,
David J. Robinson, and Thomas D. Arado, of State's
Attorneys Appellate Prosecutor's Office, of counsel), for
JUSTICE CARTER delivered the judgment of the court, with
opinion. Presiding Justice Schmidt and Justice Wright
concurred in the judgment and opinion.
JUSTICE CARTER, JUDGE
1 Defendant, Eric D. Bausch, appeals his conviction for
domestic battery. Defendant argues that the State failed to
disprove beyond a reasonable doubt that he acted in defense
of his property during the underlying incident. Defendant
also argues that his fines should have been offset by an
additional $5 in monetary credit. We affirm.
2 I. BACKGROUND
3 Defendant was charged with domestic battery (720 ILCS
5/12-3.2(a)(2) (West 2016)) in that he made physical contact
of an insulting or provoking nature with Jovanna Bausch, a
family or household member, by grabbing Jovanna about the
4 The matter proceeded to a bench trial in Will County
circuit court. Jovanna testified that defendant was her
husband and they had been married for 16 years. They had
three children together. On July 14, 2016, Jovanna drove to a
marina with her and defendant's two daughters so they
could spend the night in their boat. Jovanna and defendant
had had the boat for two years, and they both used the boat
during that time.
5 When they arrived at the marina, Jovanna saw
defendant's vehicle. Jovanna and her daughters entered
the boat and saw defendant sleeping. Jovanna grabbed
defendant's cell phone. She opened his Tinder page and
read his messages. Jovanna explained that she believed Tinder
was "[w]here you meet girls." Jovanna saw that
defendant had been sending messages to other women, and she
became angry. Jovanna took defendant's phone to her
vehicle and searched through it. She took pictures of things
on defendant's phone. Jovanna then went back to the boat
and returned defendant's phone. At some point after
Jovanna returned to the boat, defendant woke up.
6 Jovanna took the keys, title, and deed to the boat. Jovanna
testified that her name was not on the title to the boat.
Jovanna testified that defendant saw her take the keys to the
boat, but he did not see her take the deed and title. Jovanna
told defendant that she found out he had been talking with
women. Jovanna walked to her vehicle, and defendant followed
her. Jovanna and her daughters entered her vehicle. Defendant
asked Jovanna for the boat keys and the "papers for the
boat." Defendant became angry. Defendant entered
Jovanna's vehicle and sat down. Defendant said he was not
leaving until he got the keys and papers. Defendant and
Jovanna continued to argue. Eventually, defendant exited
Jovanna's vehicle and walked toward his vehicle.
7 Jovanna began driving out of the parking lot. When she
passed defendant's vehicle, defendant walked in front of
Jovanna's vehicle and stopped her. Defendant approached
Jovanna's vehicle and tried to take Jovanna's purse
through the open driver's side window. Jovanna's
purse was between the driver's seat and passenger's
seat. Defendant touched the purse and tried to open it.
Jovanna grabbed the purse with two hands. Defendant tried to
take the purse away from Jovanna, and he grabbed her arm in
doing so. One of Jovanna and defendant's daughters exited
the vehicle and jumped on defendant's back. The other
daughter began hitting defendant. Two people came over and
told defendant to move away. Defendant stepped away.
Defendant sat in the backseat of Jovanna's vehicle until
the police arrived.
8 The parties stipulated that Officer Dustin Carlson would
testify that Jovanna and her daughters were emotionally
distraught and crying hysterically when he arrived on the
scene. Carlson would also testify that Jovanna had red
blemishes and marks on both of her arms. Carlson would
testify that Jovanna requested that ...