Nicosia, a white 57-year-old who said he was at the courthouse to get a license to marry his boyfriend, testified during a one-day trial that he told her, “It’s not like you’re the Rosa Parks of smoking.”
He said he did not mean to cause any racial offense with the remarks, according to the Chicago Sun-Times.
The IT worker also admitted to spitting at the octogenarian jurist, but said that he only did so because she had launched tobacco-flavored spit at him first and the only reason he expectorated was to get rid of the saliva in his mouth.
Nicosia said that he slapped Hubbard as she tried to keep him from leaving, and Larry Rogers Jr. told the Daily News that video from the scene shows his client being flung eight to ten feet away when she grabbed on to his sleeve.
The defendant, who Rogers described as tall and more than 200 lbs. also testified that he thought may be crazy and could have had a gun in her purse.
Hubbard did not work for nearly a year and a half after the incident and said that she suffered post-concussion syndrome, according to the Chicago Tribune.
However, on Wednesday, Judge James Obbish did not agree, and said the incident should not have ever happened.
“All you have to do is move 2 to 3 feet away,” he said of Hubbard, according to the Tribune.
Obbish also reportedly criticized Nicosia, who was charged with aggravated battery and a hate crime, and said that he did not behave the way men should towards women.
Rogers told the News that Obbish “wondered if the fact that [Hubbard’s] a judge had a role in the charges being brought.”
The attorney added that his client had never touted her position of authority during the trial, and that he did not remember the judge’s acquittal including any justification for the actions that Nicosia admitted.