Two Men Charged in Connection with Addison Beating of Two Brothers that Left One Dead
DuPage County State’s Attorney Joseph E. Birkett and Addison Police Chief Bill Hayden announced today that two (2) men have been charged in connection with the June 12, 2004 beating death of Nickolaus Artman, 24 and the severe beating of his brother Anthony Artman, 26. Troy B. Kindt, 33 (d.o.b. 8/19/70) of 43 Woodview Drive in Glen Ellyn has been charged with two (2) counts First Degree Murder; one (1) count Aggravated Battery; one (1) count Mob Action; and one (1) count Obstruction of Justice. Louis Battistoni, 30 (d.o.b. 5/15/74) of 184 Glenview Avenue in Elmhurst has been charged with two (2) counts of Aggravated Battery; one (1) count of Mob Action; and one (1) count of Obstruction of Justice.
At approximately 2:30 a.m. on June 12th, Addison Police Department responded to a 9-1-1 call reporting that two (2) severely injured men were lying in the parking lot of 640 West Lake Street in the vicinity of El Burrito Tapatio Restaurant. Upon arrival they found Nickolaus Artman unconscious and with massive head injuries to the back of his head. His brother Anthony was lying nearby, also suffering from massive injuries to his face and head. Addison Police learned that Nickolaus had arrived at the restaurant moments prior to his brother, and that he became involved in a verbal altercation with both defendants, Kindt and Battistoni. It is alleged that following a brief verbal altercation, Kindt and Battistoni drove away and then returned within minutes. It is further alleged that upon their return to the restaurant’s parking lot, Kindt exited his vehicle and went towards Nickolaus. A fight then ensued. It is further alleged that Anthony Artman came to his brother’s aid and carried a large flashlight with him. Anthony was able to strike Kindt once in the head prior to being confronted by Battistoni. It is alleged that both victims were then disarmed and rendered helpless within a short period of time by Kindt and Battistoni. Despite the fact that both victims were disarmed and rendered helpless, it is alleged that these defendants continued their assault and repeatedly bludgeoned, punched and kicked both victims into a state of unconsciousness. Nickolaus suffered crushing blows to the back of his head while he was lying face down in the parking lot. His death was found to have been caused by blunt trauma. Anthony suffered a displaced fracture of the nose, a broken jaw, displaced teeth, and numerous other contusions and cuts about his head and body.
Following the beatings, it is alleged that the defendants took the flashlight and fled the scene. Defendant Kindt was treated at Gottlieb Hospital in Melrose Park for a cut on his head. It is alleged the defendants then concealed the flashlight.
Some hours later the Addison Police Department learned of the identity of the defendants from information provided to them by Melrose Park Police officers. The Addison Police Department, with the assistance of the DuPage County State’s Attorney’s Office, continued the investigation of this incident and State’s Attorney Birkett approved charges against both defendants late last night.
During the course of the investigation it was also learned that defendant Kindt was on bail for battery stemming from an unprovoked attack at a health club in Lombard. In that earlier incident, it is alleged that he punched a man in the face following the victim’s verbal argument with a female health club patron. Based upon a review of the facts of that case, together with the new allegations against Kindt, the Lombard charges are expected to be upgraded to Felony Aggravated Battery.
In the Addison case, if found guilty, the penalties for the charges filed against each defendant are as follows
KINDT
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First Degree Murder (count 1) = 20 years in the IL Dept. of Corrections to Death;
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First Degree Murder (count 2) = 20 years to Life;
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Obstruction of Justice & Mob Action (Class 4 felonies) = 1-3 years in prison
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Aggravated Battery (Class 3 felony) = 2-5 years prison
BATTISTONI
If the acts are found to be brutal and heinous or indicative of wanton cruelty, both defendants could be eligible for extended terms.
“Nickolaus Artman came to his death and his brother suffered severe injury as a result of an alleged dispute that began over a parking space,” declared State’s Attorney Birkett. “It is clear that Troy Kindt and Louis Battistoni could not and would not let well enough alone. They now face severe consequences for their stupidity.”
“This incident was a senseless act of stupidity,” commented Addison Police Chief Bill Hayden. “You know that right now, if all four of those individuals could take back that point in time when this violent act occurred, each one of them would. I think that if there is a lesson to be learned from this unfortunate incident, it is to walk away from situations that have the potential to develop into violence.”
Both defendants were transported to the DuPage County Jail in Wheaton and appeared in bond court this morning. Judge George Sotos set bond for Kindt at $1 million and bond for Battistoni at $250,000 – 10% to apply. At this time, both men have posted bond and are next scheduled to appear in court on July 12th in courtroom 4012 before Judge Robert Anderson.
“Members of the public must recognize that disputes over simple traffic issues can be deadly,” State’s Attorney Birkett continued. “The best response in such a situation is no response. Illegal acts should be reported to the police and no one should resort to self-help, unless the response is justified under the law. Kindt and Battistoni’s response in this situation was not justified.”
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.
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