Last week, 35-year-old Justin Pivec was found not guilty of attempted murder for a 2010 attack that left a bassist for a Chicago rock band close to death, the Chicago Tribune reports.
Matthew Leone, bassist for Madina Lake, was reportedly brutally beaten when he tried to stop Pivec from assaulting Pivec's wife in 2010. Although Pivec was acquitted of the criminal charges, Leone may wish to file a civil suit against Pivec to recover his considerable expenses.
On the early morning of June 29, 2010, Pivec allegedly had pinned his wife against a fence on West Ohio Street and was choking her. Leone tried to intervene when he heard the bloodied woman calling for help.
When Leone approached, Pivec reportedly punched the man in the face. Leone fell to the ground, and Pivec began kicking the man around 10 times in the head and face. Leone suffered massive head injuries and had to have a third of his skull removed to relieve pressure on the brain, according to prosecutors.
While both criminal cases and civil suits can stem from the same incident, there are important differences between the two actions. A criminal case is brought by the government against an individual accused of a crime, while a civil suit is brought by an individual against a person who has failed to carry out a legal duty. While a sentence in a criminal case is meant to punish the convicted individual, damages in a civil suit are meant to compensate the plaintiff for the injury suffered.
If the alleged facts are accurate, Pivec may be liable to Leone for the intentional tort of battery. Battery is defined as the intentional touching, or application of force, to the body of another in a harmful or offensive manner, without the person’s consent.
Last July, fellow Chicago band The Smashing Pumpkins held a fundraiser for Matthew Leone. The domestic battery case against Justin Pivec is set to go to trial on July 27.
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