Chicago Area Local News

CHICAGO (CBS) ― Chicago Police Officer Anthony Abbate was sentenced Tuesday to two years probation and anger management classes, after being convicted earlier this month of beating up a female bartender half his size.

Cook County Criminal Court Judge John Fleming sentenced Abbate on Tuesday. He also imposed a home curfew from 8 p.m. to 6 a.m. and ordered Abbate to perform 130 hours of community service.

"No one in recent memory ... has done more to tarnish the reputation of the Chicago Police Department than Anthony Abbate," Cook County Assistant State's Attorney LuAnn Snow said Tuesday.

Prosecutors had asked for a prison term. But Fleming said he didn't see any aggravating factors to justify that.

 CBS 2 Hears You: What do you think about Abbate's sentence?

"If I believed sentencing Anthony Abbate to prison would stop people from getting drunk and hitting people, I'd give him the maximum sentence," Fleming said.

The decision stunned many people including the bartender who was beat up. CBS 2's Derrick Blakley spoke to her just moments after the decision was announced.

There's the law, and then there's justice. The two years probation given Officer Abbate can be explained within Illinois law. But his victim can't call it justice.

"I'm disappointed he didn't apologize," said Karolina Obrycka.

Abbate was found guilty of aggravated battery by Judge Fleming in connection with the February 2007 attack. The 250-pound Abbate's attack on 125-pound bartender Karolina Obrycka was captured by the bar's security camera and the video of the incident was shown around the world.

Obrycka wanted Abbate to say he's sorry. And her attorney wanted Abbate behind bars.

"I think the man should have done some jail time," said Obrycka's attorney Terry Ekl.

Instead, Abbate's lawyers were still arguing today for a mistrial, insisting Abbate acted in self defense after Obrycka tried to remove him from behind the bar.

"Once she banged his head against the wall, he defended himself," said defense attorney Peter Hickey. "He grabbed her and defended himself. He should have stopped after that."

Hearing that was enough to make Obrycka sick, forcing her to leave the courtroom.

"I started to feel shaky and sweaty and just felt very weak so I left, I left outside," Obrycka said.

"Thank god there was a video so that his story he told this judge and which his lawyer parroted to the judge could be shown to be what it is, a bold-faced lie," Ekl said.

Judge Fleming refused to reverse his guilty verdict, telling Abbate, "drunk and stupid is no way to live your life."

But the judge said he was constrained by the law in punishing Abbate.

Abbate acknowledged during the trial that he was drunk during the incident.
But he said Obrycka pushed him first as she tried to remove him from behind the bar.

"He's not a bad man, he did something bad," Hickey said.

After the ensuing scandal, then-police Supt. Phil Cline suddenly announced his retirement, and Mayor Richard M. Daley appointed of current Supt. Jody Weis, who originally said fighting police misconduct would be a major part of his mission as superintendent.

In the attack, Abbate kicked and pummeled Obrycka as she lay helpless on the floor at Jesse's Shortstop Inn on the city's Northwest Side.

Obrycka had refused to serve Abbate any more drinks.

The surveillance videotape of the incident showed two of Abbate's friends at the bar, offering Obrycka money for medical bills and lost wages if she agreed not to prosecute Abbate.

Abbate also planned to plant drugs in people's cars in the bar and charge patrons with drunken driving if Obrycka went forward with the case, attorneys for Obrycka said at the time. The judge ruled that he never showed his badge or said he was a cop, and therefore didn't abuse his position.

At trial, Abbate claimed that Obrycka had attacked him first and tossed him around "like a rag doll." But the argument did not sway the judge.

"This man has no public life anymore," Hickey said. "Worse than that, he has no career."

But Karolina Obrycka says she's still being punished with nightmares, anxiety attacks and a pervading sense of fear.

"It's changed my life. I'm not the same person," Obrycka said. "I'm afraid of everything. I don't trust people."

But despite the public outcry over Abbate's light punishment, CBS 2 Chief Correspondent Jay Levine reports that justice may have been served, and that Abbate's sentence might even have been too harsh.

Despite nearly universal outrage, which began in the courtroom and continued in an avalanche of e-mails we got, the law actually supports what the judge did; in fact even charging Abbate with a felony rather than a misdemeanor might have been a stretch.

"Every judge that sends down a sentence sends a message," Oak Lawn resident Mike said. "And the message to this one is, 'Hey, if you go and beat the crap out of somebody and it's on TV, and you're obviously guilty and the court shows that you're guilty by the verdict, that's OK in my court, I'm gonna let you slide.'" 

CBS 2 viewers expressed their outrage over an apparent slap on the wrist for the officer accused of beating a female bartender in e-mails to us today.

Jeffrey wrote: "It's very sad when the people who are supposed to protect us become the crooks who are immune to a real justice."

However, CBS 2 Legal Analyst Irv Miller says, "A battery, a beating such as this, is typically charged as a misdemeanor. There's two factors that made this a felony: the most important was that it was on video, but also because he was a police officer."

But Miller points to sentencing guidelines which indicate: "The judge shall impose a sentence of probation... unless...his imprisonment is necessary for the protection of the public....or probation would deprecate the seriousness of the offender's conduct."

Miller says the judge decided that Abbate's imprisonment did not.

Steve, who's a police officer, seemed to agree. He wrote: "I have seen other defendant's get less punishment for more serious offenses...but I also believe a police officer should be held to a higher standard."

"Every time I see that video I get infuriated but with this sentencing we have to accept the fact that that chapter is now closed," Chicago Police Supt. Jody Weis said.

And in fact, it's the video gone viral in Chicago which may be the most effective punishment.

As Stephanie writes: "The only justice here is that the entire Chicagoland area knows his face and he will be recognized as a dirtbag."

Obrycka has filed a civil suit against Abbate and four other Chicago police officers who responded to her 911 call, but allegedly tried to cover up Abbate's involvement.

Her attorney says Chicago police have a culture that tolerates misconduct.

Abbate is suspended without pay. And the felony conviction means he will never be allowed to carry a gun. Police Superintendent Weis repeated today he wants Abbate fired.

CBS 2 Chief Correspondent Jay Levine and Derrick Blakley and the Associated Press contributed to this report.

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