Wonder Lake man convicted in wife’s murder in 2002 found not guilty of recent battery charge

Citing “variability of credibility” of witnesses who claimed they saw a man batter a woman in the parking lot of a Crystal Lake fitness center, a judge on Monday found a Wonder Lake man not guilty on all charges.

Charles Gozzola, 49, who had been convicted in 2002 of killing his wife, stood trial last week in McHenry County before Judge Mark Gerhardt on charges of aggravated battery, a Class 3 felony, and misdemeanor domestic violence.

Gerhardt said the witnesses who testified for the prosecution saying they saw Gozzola allegedly manhandle, chest bump and throw a water bottle at a woman in the parking lot of Planet Fitness gave “contradictory” testimony and he had “reasonable doubt.”

The alleged victim and Gozzola’s attorney Clay Mitchell declined to comment as they walked out of the courtroom.

On Thursday, the last day of the bench trial, Gerhardt said he would not consider Gozzola’s murder conviction in the the 2000 shooting death of his then wife, Beth Gozzola. The judge also declined to allow into trial recordings of jailhouse phone calls between Gozzola and the alleged victim. Prosecutors sought to submit the murder conviction and the phone calls to show a “propensity” for a pattern of domestic abuse, Assistant State’s Attorney Ashur Youash said last week during the trial.

On the afternoon of Jan. 31, police were called by an eyewitness who was in the parking lot of the fitness center, reporting she saw a man pushing and shoving a woman into a vehicle against her will. When police arrived Gozzola and the woman were gone. Later that day, after learning his identity from people inside the fitness center, police went to Gozzola’s home. When there was no answer at the door police forced their way in and arrested Gozzola.

After a detention hearing the next day, Gozzola was released pending his trial and went back to the home where the woman was. Police were called again that night by a neighbor reporting they heard loud arguing, authorities said. He was not arrested that night. At another hearing before a different judge he was remanded to the county jail pretrial where he had remained during his trial.

During the trial, a witness from inside the gym testified that Gozzola was yelling at the woman inside the gym.

The alleged victim took the stand as the state’s first witness and denied Gozzola was hurting or shoving her or that they were arguing that day. The woman said she does not feel controlled by him, nor does he abuse her. She also said they often “bark” at each other when working out, but they were not fighting. He yells at her sometimes to motivate her when working out at the gym, she said. She also said he was rushing her to his vehicle because they got a call his mother had a stroke and was in the hospital.

Gozzola pleaded guilty to second-degree murder in 2002 after his wife was killed in January 2000 by a gunshot wound to the back of the head in their home near Northbrook, according to court records. Gozzola received a 30-year sentenced but was released early.

State’s Attorney Patrick Kenneally said following the verdict: “Domestic battery cases where the alleged victim, as in this case, denies the abuse are incredibly difficult cases to prove. We at the [State’s Attorney’s Office] understand why some victims of domestic battery attempt to protect their abusers from prosecution, and will continue to prosecute those types of cases when circumstances demand.”

Kenneally added: “That said, the verdict was somewhat surprising, especially in view of multiple eyewitness testimony to the alleged abuse.”