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People v. Bausch

Court of Appeals of Illinois, Third District

March 8, 2019

ERIC D. BAUSCH, Defendant-Appellant.

          Appeal from the Circuit Court of Will County, No. 16-CM-1966; the Hon. Edward A. Burmila Jr., Judge, presiding.

          James E. Chadd, Peter A. Carusona, and Amber Hopkins-Reed, of State Appellate Defender's Office, of Ottawa, for appellant.

          James 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 the People.

          Panel JUSTICE CARTER delivered the judgment of the court, with opinion. Presiding Justice Schmidt and Justice Wright concurred in the judgment and opinion.



         ¶ 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 body.

         ¶ 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 ...

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