DuPage County State’s Attorney Robert Berlin and Wheaton Chief of Police P.J. Youker announced today that Judge Jeffrey MacKay has granted the State’s motion to revoke pre-trial release for an Oswego man newly charged with allegedly punching a woman in the face near the Illinois Prairie Path while he was out on pre-trial release. 

Marvin Carter, 48 (d.o.b. 11/25/1977) of the 300 block of Springbrook Trail in Oswego, appeared in First Appearance Court on July 12, 2026, charged with 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. 

As the new charges against Carter are non-detainable, he was granted pre-trial release on electronic monitoring with conditions including that he remain at least 5,000 feet away from the victim. On July 11, 2026, the State filed a motion to revoke pre-trial release on Carter’s previous cases that allege Aggravated Battery, Battery, Resisting a Police Officer and Criminal Damage to Government Supported Property. Following his appearance in First Appearance Court on July 11, Judge George Ford ordered that Carter temporarily be held in custody pending a hearing on the State’s motion to revoke his pre-trial release on his pending cases. After Carter refused to come to court on multiple occasions, that hearing was held this afternoon, after which Judge MacKay granted the State’s motion to revoke Carter’s pre-trial release on those cases.

Carter’s newest case alleges that on July 11, 2026, at approximately 5:37 p.m., Wheaton police officers responded to a call in the 700 block of W. Liberty Drive near the entrance of the Illinois Prairie Path for a report of a battery. Upon their arrival, officers made contact with the female victim. Following an investigation into the matter, it is alleged that the victim was seated on a bench near the entrance of the Illinois Prairie Path when a male, later identified as Carter, approached the victim. It is alleged that Carter stood directly in front of the victim and when she stood up, Carter punched her about her head and neck with a closed fist, causing her to fall down to the ground. It is further alleged that Carter then kicked the victim’s property, which had scattered after she fell to the ground, and then walked away eastbound on Liberty Drive. Officers quickly located Carter and, after a brief struggle, took him into custody.

“The allegation that Mr. Carter walked up to an innocent woman and, for no discernable reason at all, beat her, are extremely disturbing and will not be tolerated in DuPage County,” Berlin said. “What I find troubling and frustrating however, is the fact that under the Safe-T Act, this defendant was afforded the opportunity to allegedly beat an innocent, unsuspecting woman after he had been released pre-trial on previous non-detainable aggravated battery and battery charges. This fact illustrates the need for improvements to the State’s Safe-T Act to give judges more discretion. Too often, we are seeing cases where a defendant accused of a serious crime is released pre-trial because the Act does not allow judges to use their discretion for certain offenses. Since the inception of the Safe-T Act, I have been beating the drum that judges, not the legislature, are in the best position to decide whether a defendant in any particular case should be detained pre-trial. 

“We are all thankful that the victim in this case is expected to recover from her injuries. I thank the Wheaton Police Department for their quick apprehension of the defendant in this case and for their continued efforts in keeping our communities safe. I also thank Assistant State’s Attorneys Sandi Tanoue, Daniel Orescanin and Anthony Irsuto for their efforts in preparing a strong case against Mr. Carter.”

“Our police department works tirelessly to keep our community safe,” Youker said. “This would not be possible without the dedication of the hard-working men and women of the department. I thank officers Derek Hoots, Mike Sterkowicz, Shaun Lucas, and Crystal Miroballi for their prompt response and arrest of Mr. Carter. The alleged violent actions of Mr. Carter against a member of our community are disturbing and reprehensible. We appreciate State’s Attorney Bob Berlin’s Office’s efforts to detain him until such time he goes to trial.”            

Carter’s next court appearance is scheduled for Aug. 26, 2026, in front of Judge MacKay.        

Members of the public are reminded that this complaint contains only charges and is not proof of the defendant’s guilt. A defendant is presumed innocent and is entitled to a fair trial in which it is the government’s burden to prove his or her guilt beyond a reasonable doubt.

Marvin Carter