EDWARDSVILLE - A Staunton
man who was a member of the Granite City Police Department when he attacked and severely injured a truck driver was found guilty Wednesday of
aggravated battery and unlawful restraint but acquitted of a second aggravated
battery charge.
"At least I got some justice," victim Dana Howard said.
"After almost six years, the emotional toll has been horrendous."
Warren C. Milton, 57, of the 1300 block of Lakeview Drive, was found guilty
by a jury in Madison County Circuit Court of unlawful restraint and aggravated
battery in a public place - namely, The Luna Cafe, 201 E. Chain of Rocks Road,
just outside Granite City. The incident occurred Feb. 20, 2007. However, he was
found not guilty of aggravated battery, great bodily harm.
Special Prosecutor Chuck Colburn said he was "very satisfied"
with the verdict.
Sentencing will be scheduled after a presentencing investigation is
completed.
The jury sent Associate Judge James Hackett a note during their
deliberations about the difference between the defendant's intent and the
result of his act.
Milton testified in his own behalf that if he kicked Howard in the face, it
was an accident. Milton, who still was a police officer at the time but was off
duty, testified that he kicked Howard while trying to break up a fight.
Howard said after the trial that he thinks the jury might have split on
whether Milton intended to inflict the injury.
Howard testified during the trial that the kick sent him to a hospital and that
bones were broken in his face and his teeth knocked out of line.
He said a metal plate was inserted into his face to keep the bones in
place. The plate will have to stay there the rest of his life.
"It was the most excruciating pain I ever felt in my life," he
said during his testimony Tuesday.
Milton and a friend, Kenneth Crawford, who was a retired Granite City
officer, went to The Luna Cafe on Feb. 20, 2007, and Crawford allegedly started
a fight with Howard.
Howard's claim that he was kicked was partly confirmed by Deneen Ybarra,
but she said Howard was stomped while on the floor, not kicked as he was
getting up, as Howard testified.
Colburn said in his closing argument that the jury should look at the
"big picture" and understand that most stories are made up of the
total of several individual perspectives.
Defense attorney Casper Nighohossian argued that Howard made up the kicking
story to get money from a lawsuit. He pointed out that Howard initially told
medical personnel that he had slipped on ice and fell on his face.
Howard testified at trial that he was afraid because he had been attacked
by a Granite City police officer, and he feared retaliation. He said he later
was approached by top city police officers who assured him he was in no danger,
so he told the truth.
Howard testified he sued because the bills were piling up, and his medical
insurance carrier would not pay unless he filed.