Berwyn Public Safety Director Frank Marzullo and three other men under indictment for beating a man outside a Forest Park restaurant were released Thursday on $10,000 bond each.
Marzullo, his brother Russell Marzullo Sr., Berwyn police officer Michael Fellows and Charles Baugh, a former Chicago Department of Streets and Sanitation employee, appeared before a Cook County judge on felony charges related to the April 5 beating of Wayne Pesek outside the Golden Steer Restaurant.
According to the Illinois Attorney General’s office, Pesek, the former village administrator of North Riverside, suffered concussions, broken facial bones, cracked ribs and injuries to his spine.
A fifth man charged in the case, Frank Marzullo’s son, Jerry Marzullo, was unable to appear in court Thursday. His bond will be set on May 3.
Frank Marzullo, a controversial figure in Berwyn where he made $164,000 a year to head both the police and fire departments, retired officially from his position April 30 after the political slate he backed was swept out of power the same day as the beating.
He was charged with two counts of aggravated battery, a Class felony punishable by two to five years in prison. He was also charged with four counts of official misconduct, also a Class 3 felony, for allegedly interfering with the Forest Park Police’s investigation.
Russell Marzullo Sr., a City of Chicago employee, was charged with three counts of aggravated battery and one count of unlawful restraint, a Class 4 felony, punishable by one to three years in prison.
Jerry Marzullo, a former Berwyn firefighter before leaving to join the Cook County State’s Attorney’s Office as an assistant state’s attorney, was slapped with two counts of aggravated battery, as were Fellows and Baugh.
Cook County Circuit Judge James M. Obbish set the bonds after attorneys for Russell Marzullo Sr., Fellows and Baugh reached an agreement with prosecutors.
Frank Marzullo’s attorney, Michael Goggin, argued for a lower bond, saying the charges against Marzullo were unfounded. He characterized Marzullo’s participation in the incident as an attempt to break up a bar fight.
“It was a fist fight in a bar between two people,” he said. “Mr. Marzullo just happened to be at the bar.”
But Assistant Attorney General Richard Schwind disagreed with Goggin’s depiction of the events, saying Frank Marzullo was “directing a beating.”
“I would not characterize it as a [bar] fight,” he said.
Under the terms of the bond agreements, the men are required to turn in any firearms they have as well as their firearm owner’s identification cards. All but Frank Marzullo were required to turn in their weapons Thursday. Frank Marzullo will turn in his weapon Monday after he has retired from his job.
The case is being prosecuted by the Attorney General’s office instead of the Cook County State’s Attorney because Jerry Marzullo was an assistant state’s attorney in the State’s Attorney’s Criminal Appeals Division at the time of the incident. Thomas Stanton, spokesman for the State’s Attorney’s office said last Thursday that Marzullo has since resigned.
?Bob Uphues contributed to this story.