because she wanted to leave and drink and do more drugs okay she's been she's abandoned our family she's abandoned our children okay look at his ass she said that's from punching wall um thank you incident domestic violence call and arrest location Dupage County Illinois United States Date Night Time Response Dupage County residents charge domestic battery under Illinois law hey what's going on he's on drugs he's been on drugs and drinking for 3 days he's lying he hasn't stopped yet he's on drugs help me out ma'am come here and he and my kids called ma'am let me you need medical attention are you OK he choked me out he broke all this in my house you need medical attention no I don't need I need you to take the light out of my face I'm sorry I'm I'm sorry I'm trying to see your neck he choked me and like broke all the shit house my kids are terrified right now I knocked down the Christmas tree alright come here no no no no what happened no we're just trying to go to the bar okay my wife has been on a Bender she's been abandoning our family okay you can check that you can check no you can check records with our school and everything she did Lily has abandoned my family for three months okay I will have my mom tonight she's drunk OK and drugs OK she's been doing it for 3 days she hasn't slept OK is there something about you guys getting physical or no no I I told her cause she was like I'm gonna call my thing I tried to grab her phone and then her buddy started attacking me what do you mean her buddy her friend hit me and started choking me out tonight yes where is this person at now I don't know he's probably in the house so why is he here because he helps us with our kids so does he live here because my wife has been abandoning our family and our children okay does he live here somewhat yes okay what's going on he is drunk he was drinking and what happened he got like the third beer in him and he's going psychotic he's accusing me of everybody he's telling me I'm all these guys going psychotic my kids are scared my kids called the police cause they're scared had me cornered in the closet choking me out in the closet and the bedroom yeah he broke my whole cabinet he knocked down the Christmas tree can I lift your neck again are you sure you don't need the medics no I'm fine I want him to leave just get him out of my house please I can I told him she's gonna make me look like a terrible person he's a narcissist and an abuser and he's been doing this for years how long ago did this happen just now ma'am stay can you stay right here ma'am stay right here your kids are okay in there we've got officers with him I've got and I'm here he's a narcissist just so you know he asked my kids they witnessed the whole thing she has marks on her he choked me out of my closet and he broke everything in my house he broke it all I put holes in the wall she said no so what started you guys arguing tonight because she wanted to leave and drink and do more drugs OK she's been she's abandoned our family she's abandoned our children OK she's abandoned our kids she doesn't she doesn't want to be a mother she doesn't she's cheating on me with other men I don't know what she's doing she's drinking drinking and driving can you talk to him she's been talk to him what's up man how you doing what's your name my name is Richard nice to meet you what's going on my wife has been drinking and doing drugs okay for months okay okay she's been on Bender she hasn't stopped drinking and doing drugs for three days okay she is completely off the rails if you drug test her you'll she'll have a lot of cocaine in her system and a lot of alcohol she's been doing cocaine and stuff tonight also yes you've seen her the whole fucking day yes okay okay can you explain to us what happened today he he got about a third beer in him okay and he started going psychotic okay tell me oh you all these guys you're he's like oh when the cops come over and tell me you're on drugs OK to make me look and he uh my kids witnessed the whole thing can you go inside and or go talk to her can she go inside and talk to me can I go in with her cause I was yeah let's go inside I literally came home I worked all day uh huh because she can more or less not even hold a job OK all she's worried about is drinking and doing drugs OK and going to bars hanging out with random people I think she's cheating on me I don't know what she's doing anymore because I've literally been just supporting the house I go to work every day I take care of the children I go to work I take care of the kids I pick up the kids from daycare everything she's not even involved in the house all she doesn't cook she doesn't clean she doesn't even involve he's fucking coming and punching all my walls he went psychotic I swear to God did you pop it out what's up he sneezed up the kids from look at his hands she said that's a punching ball that he choked her in the bathroom my kids in the closet do you have her information I'm getting that now I need wait don't not in my bedroom ma'am ma'am ma'am hold on ma'am wait hold on hold on she needs this is my room sorry ma'am can I go by the front door though everybody please I want everybody to the front door sorry hey hey Bella Bella Kobe come here yeah I need my dog Bella Kobe come here alright come on Bella Bella Kobe go let her out Bella go let her out hey ma'am can I get your information what's your first name what's your last name I called like nothing was happening and I thought my dad and my mom were like whatever so I was like getting all crazy he started punching stuff he like broke open that punch holes in the wall and he punched all over here OK and you just made a lot of problems and like he literally like squeeze my mom's neck and choked when when he choked her where were they inside the house or outside the house we were inside the house she was in the closet what's just supposed to push her down to the ground got her inside the class and she was like muffled and I'm so I'm trying to get him off I'm getting my ears pierced I can't do anything yeah he's probably like I'm gonna get him back and all that stuff put his hands on my little sister did he hit any of you guys other than he pushed you right he hit me in my arm he like kind of squeeze my arm right there it's not really that visible but when he hit you how did he hit you he just like punched me yeah it's not really that normal yes this is yours this is yours too you guys had a report like a couple months ago of the same similar situation okay of a domestic violence situation yes and who did anybody get arrested in that at that time no but you guys made a charge against her what do you mean a charge well you put some kind of paperwork against her okay so what's her name Theresa there's my wife I've been with her for almost 18 years how long have you guys lived here for I don't know at least 12 years at least 12 years something I don't it's been a long time OK huh did anything get physical tonight yeah yeah she her friends started attacking me hitting me choking me is my head is my head is okay he hit my head do you need I started getting attacked but no I don't need anything I just want my wife to get help my wife needs to go to rehab okay she's been she is trying to herself I've literally you guys a couple not that long ago when my wife got in a car accident uh huh she threatened to herself and you Villa Park Addison State Police Wooddale were all looking for her because she threatened to did you get help after that no she didn't get any help she didn't get any help with this because she went to the police department and said no I'm fine I'm okay so unfortunately that's it there's only so much we could do right we can say the resources no I understand that she needs to get help we can but she is gonna I don't want her to leave because she's drinking and driving going from one bar to another bar could potentially some with a family OK some other person herself you know what I'm saying yeah maybe one of a fellow officer I don't know because that's what she does she drinks and drives and does drugs is this her car right here no that's my car that's a rental car because she totaled her car I could show you pictures of the car that she just totaled like 3 4 weeks ago I believe you what's your first name again sir where did this take place in the bedroom oh all over the house okay you mentioned that he choked you in the bedroom though to somebody is that correct no nobody's going to my bedroom sorry that's my private domain I have toys and stuff in there nobody's going to my bedroom okay what I'm saying you know it's my private domain can I talk yeah what I'm saying is if you're telling us that you were choked in the bed it's not what we're saying we're not going to my room it's fine he choked me out and you could clearly see what was done do you have a work phone on you yes okay miss can you take some pictures of your injuries please sure there should be a red coat over a chair is there a red uh grab that Red Jacket check it first actually can you check it yeah give me the jacket thanks I really got to I was gonna root canal I do have to sorry you look at the other side I got enough light Colby get away from there's glass we have to take some photos of the room too OK alright thank you so you sure you don't want the paramedics just come check you make sure you're OK that's OK what what's more important is that medically you're OK right so just because the paramedics come doesn't necessarily mean you have to go right it's just more so to make sure that you're okay so um do you want them to check on you or not totally up to you I can't force you so who witnessed this my daughters my both my two daughters got you okay and then the gentleman that was here he left he's gone yeah his car sitting outside his car is sitting outside so he just left on foot like you walked he said he was calling an Uber so I don't know where he went okay get the information for the gentleman that was here that left um you've got the kids info right alright um I'll just need that did you get their sides of the stories alright see if by any chance she can get her friend's phone number so I can talk to them to find out his side of the story of what happened the friend oh there was a friend that was here and he left she said her phone isn't on her so I just wanna get she can go get her phone where did her friend go since you said you got those probably ran off can I can I take a look really quick on your hand thanks this is me I punched the wall okay punch the wall I was angry okay not hiding her is your other hand so it's your right okay can't keep I punch the wall cause I was angry okay because I've been dealing with this for over 3 months of her leaving disappearing yeah for now days at a time it'll be 2 3 days at a time where I don't know where my wife is I don't know if she's with another guy I don't know where she's doing I don't know if she's dead I don't know anything that's going on I've been really me and my children have literally been just on our own in a limbo yeah more or less she's more or less just checked out of this whole life and more or less acts like I've been I've held the same job for 14 years okay what was your friend doing here tonight he was just hanging out with us what's his name um it's Brian Brian what I don't know you don't know does he hang out frequently here randomly yes OK so he was here tonight hanging out yeah OK and those are from one is the wall punching a wall okay and then the scratch Mark on your head that was from him more or less choking me and and like is that his car no he doesn't have a car he doesn't have a car he has no car male white male black I think he's white yeah white okay alright so but did anything get physical between you and your wife tonight no I tried to grab her phone OK and then she started breaking in our cabinet she even broke from our wedding OK like we had the sand thing that we all ever the whole family yeah went together and we put like one daughter put one sand one son and she literally broke that why does she she's has she uh made any sort of uh like she's made attempts she's literally threatened herself multiple times in the past right all the time all the time OK almost all the time I'm worried about her every day that she's gonna kill herself because she's completely unhinged why why why is she unhinged so much recently because she's been on this Bender of drinking and doing drugs almost every day she literally just doesn't care anymore cause she had a gastric bypass okay and it's not going the way she wants because she's she's been she doesn't follow the doctor's order she's not she's been binge drinking doing drugs all the time vaping all the stuff and you're supposed to after gastric bypass you're supposed to follow clean a strict well one definitely be clean I mean come on you know what I mean but you're like you're supposed to be drinking protein drinks supposed to be having a special diet she's not taking care of herself she and I'm worried because she's gonna and I've been dealing with this for months and my children have been dealing with this for months and she because she needs some kind of mental help because she is not happy with herself she's not happy with everything going on and she's just completely unhinged I've had I've talked to her brothers I've talked to her family I've talked to friends of hers to try to talk to her to get some kind of help for her and she just doesn't want to deal with it she was going to meetings and doing the AA thing she was doing that doing well but then after 3 4 days she just goes off and what's a goes on a Bender again what's the friend's name again Brian you said Brian I don't know his last name Brian you don't know his last name maybe her brother I don't know how do you get along with her brother I don't like him he's a piece of shit he's a liar and a scumbag and a so my partner here's gonna I do yeah we got his name is Richard she has marks on her neck did you choke her tonight I did not choke her you did not no cause she is I know she's saying what I did but I did not I did not put my hands on her so you did not corner her and the bathroom no I tried to take her phone but I just reached like this for her phone that's all I did I did not choke her I did not put my hands on her I would never put my hands in my life I've never put my hands on her you know if you guys have a you guys have a report from maybe a month or so ago of her lying and saying that I her which is a complete lie and fabrication and then you guys really said that then you guys put some kind of thing against her because I had marks on me so her buddy started hitting me and attacking me did she get physical with you tonight yes can I where what did she do well she was like throwing me she broke the cabinet she started throwing me into the wall my kids started attacking me but like can I see if you have marks on you at all any visible marks so he's got he got my head has he's got a Mark on his head I punched the wall I punched the wall in my wall in my room and he's got a scratch Mark on his head I got a scratch Mark cause her one buddy started choking me choking and attacking me he was just trying to I wanted to give him some hey Richard can you get your hands out of your pocket for me for one second uh just turn around and look away from me Richard you're under arrest for domestic battery I I did not hurt her I did not touch her can I call my lawyer sure yeah you'll be able to can I call him now no at the PD give us a few minutes once you get back to the police department you can absolutely call your lawyer I did not lay a hand on her she bloody hurt herself I would not put my hand on her she's lying that is complete lie picture 3 one male in custody you got your phone what's his name Richard Richard you got your phone as long as you got your phone do you need your wallet or anything I got my wallet on me I'm gonna memorize it alright so you're arresting me for domestic battery yes I didn't do anything Richard I've got witnesses saying the exact same thing as she said of you on top of her no I was trying to take her phone I didn't I didn't choke her I didn't choke her I did not do anything to try to take her phone this is a complete lie her friend is Brian he's wanted by the police find him can you spread your arms out for me Josh have him face the car listen can you face the car face the car please face the car her friend is Brian he's wanted by the police and he's walking towards Lamar OK well unfortunately would you look up right now I'm just telling you you may want to get him cause I know you guys want to find him you don't have anything on you that'll poke those 50 stab me you don't have anything I have all I have is my phone I have a book in my pocket I don't have any money I don't have any weapons I don't have shit what's that oh there's my son's tooth oh there's his he lost his tooth today but such as Richard down there I was about to take him to the arcade tomorrow to have a father's son there but now I got some fuck that I'm having now hi can you take a seat here so you're charging me with domestic batteries domestic battery you find her ID's on him or not that's why I gave that money her money had her IDS that was all her IDS were not in love that's all I had I didn't have anything else with me you're gonna grab all whatever you drop yes and all my stuff you're gonna put in some kind of bag yes I'll put it in the back oh yeah so Bella yeah Bella she's fast yes she is I don't want her good now hey he says it's your money it is he has my IDS too hey he's got I think he might have my ID but maybe no it's an ID yeah because I thought I already gave it to him with the money alright OK so a couple forms for you OK so this first form I'm going to give you explains how you can go and get an order of Protection there's resources on the back of that form okay uh through domestic violence uh shelter hotline um secondly you are a victim of a crime so this is a statement of your crime rights okay um he's going to get his first court appearance tomorrow I unfortunately don't have that piece of paper right now with me but if you would log on to the Dupage County Inmate Search do that through Google Dupage County Inmate Search and try to find search your husband's name and try to see when he's gonna get out okay alright um he should not be allowed back at the home for at least 72 hours go ahead for victory three alright Richard I'm gonna get you out now yes I'm gonna I'm gonna have to come back out and grab your stuff can I make a phone call from my phone or that's not how it works I'll get your phone here in a minute I'm gonna get you inside I understand you gotta call your boss hold on wait here answer the question you guys should be able to because I know exactly the day you guys yeah you should be able to answer this question I haven't been in trouble since I'm a good boy make this very simple yes I do have a couple of them I'm gonna take these handcuffs off you real quick I'm gonna have to search you again okay keep your stuff there I'm gonna go grab his stuff out of this one 720 ICS 5 1 2 to 3.2 defines domestic battery as knowingly causing bodily harm or making physical contact of an insulting or provoking nature with a family or household member first offense is a Class a misdemeanor 720 ICS 5 1 2 to 3.3 elevates the charge to aggravated domestic battery when strangulation is involved defined as intentionally impeding normal breathing or blood circulation by applying pressure to the throat or neck this constitutes a class 2 felony carrying three to seven years imprisonment 750 ICS 60 over 305 mandates a primary aggressor determination before any arrest officers must assess the severity of injuries the history of domestic violence and whether one party acted in self defense arresting both parties without this analysis violates the Illinois Domestic Violence Act under the Fourth Amendment probable cause requires reasonably trustworthy information sufficient for a person of reasonable caution to believe a crime was committed corroborating testimony from eyewitnesses including minor children present at the scene satisfies this constitutional threshold Graham v Conner 490 U s 3 8 6 1 9 8 9 establishes that officer conduct must be judged by the standard of a reasonable officer on the scene at the moment of decision this standard governs both the arrest determination and any force applied during custody failure to locate and interview a third party witness before executing an arrest creates a material gap in the probable cause affidavit under Franks v Delaware 438 US 1 5 4 1 9 7 8 a defendant may challenge an affidavit that omits known exculpatory information potentially invalidating the arrest Miranda v Arizona 384 US 4 3 6 1 9 6 6 requires rights advisement upon custodial interrogation under Berguis v Tompkins 560 US 3 7 0 2 0 1 0 an unambiguous invocation of the right to silence must be immediately honored any statement obtained after such invocation is inadmissible Rothgery v Gillespie County 554 U S 1 9 1 2 0 0 8 confirms the Sixth Amendment right to counsel attaches at the moment of formal arrest and charge officers are constitutionally prohibited from eliciting further statements once a suspect has clearly requested an attorney under 750 ICS 60 over 219 the defendant is prohibited from returning to the shared residence for a minimum of 72 hours following a domestic battery arrest officers must also provide the victim with written notification of available orders of Protection and domestic violence resources under 750 ICS 60 over 305 b lessons Learned a visible neck injury in a domestic call requires immediate assessment for strangulation under 720 ICS 5 1 2 to 3.3 all third party witnesses must be located and interviewed before finalizing the primary aggressor determination a suspect's voluntary admission of physical contact satisfies the actus Reus element of domestic battery regardless of intent failing these steps exposes the case to suppression and civil liability under 42 USC section 1,983