COOK COUNTY CRIMINAL COURTHOUSE — Public defenders on Wednesday asked a Cook County judge to dismiss charges against two men accused of attacking an off-duty Chicago Police officer in Wicker Park.
Prosecutors allege Kaemin Raphael, 21, and Casper Wright, 19, hit and kicked the 40-year-old officer after the trio was involved in a fender-bender Monday afternoon — and the officer demanded Raphael's license and registration.
The officer suffered a broken nose, a tear to his carotid artery and lacerations to his face, Assistant State's Attorney Erin Antonietti said during a bond hearing Wednesday. The man was treated in the intensive-care unit.
Raphael and Wright now face charges of aggravated battery to a peace officer.
Public defenders on Wednesday argued the charges were inappropriate since the officer was off-duty, in his personal car and "acting as a civilian" when the crash occurred. The attorneys suggested the altercation was "mutual combat," not a one-sided attack.
But Cook County Judge Donald Panarese Jr. on Wednesday said there was probable cause to pursue charges against the men.
The judge said Raphael and Wright (neither of whom have prior criminal history) could be released on their own recognizance pending trial so long as they qualify for the Cook County Sheriff's Office's electronic-monitoring program. If not, each man will face $200,000 bail.
According to prosecutors, the off-duty officer was driving in the 1500 block of North Ashland Avenue about 4:30 p.m. Monday when his car was struck by a 2016 Toyota Camry driven by Raphael.
Both men pulled over and got out of their cars.
That's when the officer identified himself as police and asked to see Raphael's license and insurance, Antonietti said. Raphael couldn't produce either and began to walk back toward his car, according to prosecutors.
The officer grabbed Raphael's wrist, and Raphael slapped away the man's hand before shoving him in the chest, court records show.
Wright, who'd been sitting in the front passenger seat of the Camry, then got out of the car and began to attack the officer, Antonietti said. Both Wright and Raphael are accused of kicking and punching the officer, who fell to the ground and hit his head.
Police responding to a 911 call about an off-duty officer needing assistance following a car crash arrested Raphael and Wright about 4:45 p.m. Monday, records show.
Both men, who live in the 1600 block of West LeMoyne Street, are charged with aggravated battery to a peace officer. Raphael faces an additional charge of obstruction.
According to their public defender, Wright is a UIC student who has done freelance graphic design work for the past two years. Raphael attends college in Cincinnati and has worked as a laborer for the past three months.
A tweet from CPD Citywide, which relays scanner chatter, said there was a "pool of blood on sidewalk" following the battery.
Officer Nicole Trainor, a Chicago Police spokeswoman, on Wednesday said she couldn't provide details about the crash that led to Monday's altercation. She did note, "From our account, they got out of their cars and tried to exchange info. He told them he is a police officer and then they attacked."
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