A judge revoked pretrial release Tuesday, July 21, 2026, for a man accused of punching a woman in the face near the Illinois Prairie Path in Wheaton while he was already out on pretrial release for prior battery charges.

Marvin Carter, 48, of the 300 block of Springbrook Trail in Oswego, now faces two counts of aggravated battery in a public place (Class 3 felony), two counts of resisting a police officer causing injury (Class 4 felony), one count of aggravated assault on an officer (Class 4 felony) and one count of misdemeanor battery, according to the DuPage County State's Attorney's Office.

What happened

Wheaton police officers responded at approximately 5:37 p.m. Saturday, July 11, to the 700 block of W. Liberty Drive near the Illinois Prairie Path entrance for a report of a battery.

According to prosecutors, the victim was seated on a bench near the trail entrance when Carter approached and stood directly in front of her. When she stood up, Carter allegedly punched her in the head and neck with a closed fist, knocking her to the ground. He then kicked her scattered belongings and walked eastbound on Liberty Drive.

Officers Derek Hoots, Mike Sterkowicz, Shaun Lucas and Crystal Miroballi located Carter and, after a brief struggle, took him into custody.

Prior charges and pretrial release

At the time of the July 11 attack, Carter was already on pretrial release for pending cases alleging aggravated battery, battery, resisting a police officer and criminal damage to government-supported property, according to the state's attorney's office. Details on when or where those prior charges were filed were not included in the announcement.

Carter appeared in First Appearance Court on Sunday, July 12, and was charged. Because the new charges are classified as non-detainable under the Illinois Safe-T Act, he was granted pretrial release on electronic monitoring with a condition that he remain at least 5,000 feet from the victim.

The state filed a motion to revoke Carter's pretrial release on his previous cases that same day. Judge George Ford ordered Carter temporarily held pending a hearing on that motion. After Carter refused to appear in court on multiple occasions, Judge Jeffrey MacKay held the hearing Tuesday, July 21, and granted the revocation.

Safe-T Act criticism

DuPage County State's Attorney Robert Berlin said the case illustrates the need for changes to the Safe-T Act, which eliminated cash bail in Illinois in September 2023.

Berlin said he has long argued that "judges, not the legislature, are in the best position to decide whether a defendant in any particular case should be detained pre-trial."

Under the law, aggravated battery that does not result in great bodily harm is classified as a non-detainable offense, meaning judges cannot order a defendant held in custody pretrial solely on that charge.

Wheaton Police Chief P.J. Youker called Carter's alleged actions "disturbing and reprehensible" and credited the four responding officers for their prompt arrest.

What's next

The victim is expected to recover, Berlin said. Carter's next court appearance is scheduled for Tuesday, August 26, before Judge MacKay.

Carter is presumed innocent. The charges are not proof of guilt.