Diana’s son is Ben.  Ben served in Iraq.  Happily, he came home and was able to leave the army in tact.  He is still a soldier – as “inactive reserve” he is not on the army’s payroll but he is still subject to recall.  He had served his country as a soldier and became instead a full-time student at McHenry Community college.  His girlfriend is Niki.

 

Photo take August 5th – not all injuries can be seen.

 

Last February, one year after his return from Iraq, Ben went to the Dead End Tavern a few blocks from his parents’ home.  Niki went there to meet him.  Later she would write to me:

 

when i got to the bar he was fine happy and about to walk out to my car... from my car waiting for him as he was walking out these skum bags were walking in..

 

all of a sudden i see a huge group around where ben was walking so i jumped out of my car and ran in there only to find these three monsters beating him throwing him up on the wall breaking glass signs and then to the floor and finally onto the pool table hitting bens head on the light above the table...

 

i never once saw ben throw a punch himself and even saw him going in and out of consciousness.... they repeatedly struck him in his face neck and chest while the bartender and other bar customers just stood there... you're exactly right he had our backs and now that he's back who has his?...

 

i started screaming at the bartender and tried grabbing these criminals arms as they all aimed and hit ben... it was an experience that will forever be imprinted in my head as well as my daughters having to see him directly afterwards.

 

Officer Caselli (badge 075125) of the Fox River Grove PD filed police report 10-537 (county document control number L56728770) that resulted in a complaint against three men, all 31 years old.

 

Photo take after his surgery – evidence photos are too gruesome to publish.

 

Ben doesn’t remember what happened, but his injuries indicate he was beaten after he was no longer able to defend himself.  The three assailants have been charged with only a Class A misdemeanor.  This matter is being heard in the 22nd Judicial Circuit (the county courthouse in Woodstock) before Judge Charles Weech.  The prosecutor is Assistant State’s Attorney Kate Lenhard.

 

Nathan and Nicholas Margelofsky are twins.  Nathan was in prison from 2000 until 2008.  Before that he had seven felony convictions.  Nicholas was in prison from 2000 until 2004.  Before that he had eight felony convictions.  The third defendant is Randy Hellenbrand.

 

 

 

 

 

 

Case 10CM000436

 

Nathan L. Margelofsky

 

235 Church Street

Fall River, WI  53932

 

(920) 484-8818

 

DOB 1-31-1979

 

DL# M624 6327 9031 05

 

 

 

 

 

 

 

 

 

Case 10CM000438

 

Nicholas J. Margelofsky

 

329 Jackson Street

Beaver Dam, WI  53916

 

(920) 210-7149

 

DOB 1-31-1979

 

DL# M624 6307 9031 09

 

 

 

 

 

 

 

 

 

Case 10CM000441

 

Randy S. Hellenbrand

 

W3416 County Road J

Montello, WI  53949

 

(608) 577-3686

 

DOB 11-27-1979

 

DL# H451 7377 9427 03

 

 

 

 

 

 

 

 

Charles McKenney (Crystal Lake) was originally attorney for all three.  In April he withdrew from the Margelofsky brothers.  They are now represented by Short & McBride (Johnsburg).

 

All three have entered pleas of “not guilty” but none of the trials has begun yet.  That is significant because the charges cannot be changed after trial begins.  Our Constitutional protection from “double jeopardy” gives the state only one chance to convict.

 

The current misdemeanor charge for statute750-5/12-3(a)(1) is that each defendant “intentionally caused bodily harm to (Ben) in that he struck (Ben) in the face with his fist.”  This is an inadequate charge and should be amended to a felony before jeopardy attaches.

 

On August 5th, Defendant Randy Hellenbrand was required to appear in court.  He didn’t.  The judge issued a $5,000 warrant but the McHenry Sheriff does not serve out-of-state misdemeanor warrants.

 

On August 20th, the Margelofsky brothers are due to appear.  They are currently free on $1,000 bonds.

 

The Clerk of the Court maintains a website that provides minimal information.  It is:  http://68.21.116.46/wow65/runApp?id=0  Click on “Case Number” and supply either 10CM436, 10CM438 or 10CM441.  (The first two digits of each case number are the numerals for “ten”.)  Then, in the lower-left part of the page, click on the case number.  Then click on the tabs.  “Court Events” is helpful.

 

 

 

 

 

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