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Prosecutor: Man spit on, slapped 79-year-old judge outside Daley Center because she was smoking

David Nicosiis accused spitting punching judge outside Daley Center because he wanted her stop smoking. | Phoprovided

David Nicosia is accused of spitting at and punching a judge outside the Daley Center because he wanted her to stop smoking. | Photo provided

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Updated: August 17, 2014 6:26AM

A North Side man is accused of spitting at and slapping an elderly Cook County judge outside the Daley Center because he wanted her to stop smoking.

David Nicosia allegedly got in face of Judge Arnette Hubbard, a 79-year-old African-American, and called her “Rosa Parks” as she was taking a puff in Daley Center Plaza on Monday afternoon, Assistant Cook County State’s Attorney Erin Antonietti said.

Nicosia told the judge he wanted her to stop smoking and allegedly spit in her face after the two got into a verbal argument.

Nicosia walked away, but Hubbard chased after him, Cook County Sheriff’s spokeswoman Sophia Ansari said.

When she confronted him, Nicosia spit on her again, Ansari said.

Then the 6-foot, 240-pound man allegedly slapped the judge’s face.

As a result, the judge suffered pain in her left cheek and neck, Antonietti said.

Hubbard was the first woman elected to head the National Bar Association and the Cook County Bar Association, both black attorney groups, according to a profile on the American Bar Association’s website.

Hubbard, a civil rights advocate who helped pave the way for women in the male-dominated field of law, also was a commissioner on the Cook Country Board of Elections and served as an international election observer in South Africa and Haiti.

“She’s pretty shaken up about it,” said Geraldine Simmons, 75, a friend and fellow attorney who spoke with Hubbard on Tuesday. “I can’t even begin to imagine what she’s going through psychologically. How do you recover from something like that?

“She’s more than an icon, she’s historic. . . . She has been an inspiration to young attorneys for years,” said Simmons, who was surprised that the assault took place within steps of Cook County sheriff’s deputies.

Nicosia, 55, has a master’s degree from Northwestern University and owns an IT company, his attorney Steven Goldman said.

Nicosia, of the 5400 block of North Sheridan Road, was ordered held in lieu of $90,000 bail Tuesday for a hate crime and several counts of aggravated battery.

Nicosia poses a “threat and is a danger to the community,” Judge James Brown said. “He slapped her for no reason.”


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