August 20, 2015

Pavlak not guilty in Nuyen attack

Defendant, two others still face charges in Henry attackChristopher Petersen

Elburn resident Jason Pavlak was acquitted of beating Jonathan Nuyen in a 2001 bar fight, but still faces charges involving the victim’s friend. Pavlak, 24, was charged with battery and mob action along with Matthew Richardson, 24, of Elburn, and Benjamin, 26, of Batavia.

The three men were charged with attacking Nuyen and Todd Henry, both of Aurora, in the parking lot of a bar, Destinations, in St. Charles on July 29, 2001. The defendants said the attack was self-defense, and testified that Nuyen attempted to run over Pavlak with his car.

Defense attorney David Camic of Aurora said witnesses proved that Nuyen’s head injuries, which put Nuyen in a coma for nine days ans caused him to lose 30m percent of his hearing, could have been caused by hitting his head on the street rather than the fight itself.

“We were able to show that Pavlak had nothing to do with it,” Camic said.

Defense attorneys also brought forth witnesses that showed Nuyen had a previous record of violent behavior, including an incident in Sugar Grove when Nuyen damaged a police car during an arrest.

Pavlak, Richardson andBenjamin still face charges of battery and mob action for attacking Henry, who received only minor injuries in the fight. The trial resumes Thursday, Aug. 8, at the Kane County Judicial Center in St. Charles. Nuyen has also filed a lawsuit against the three defendants and the bar

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