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Chicago man wants to change plea in Batavia stabbing

Published: Thursday, Oct. 11, 2012 5:30 a.m. CDT

BATAVIA – A 51-year-old Chicago man, who was sentenced to three years in prison for stabbing a coworker outside a Batavia firm in May, wants to withdraw his guilty plea

Calvin M. Hayes, 51, of Chicago, pleaded guilty in September to aggravated battery in the May 21 incident. On Oct. 4, Hayes filed a motion asking for an extension of time to file a motion to withdraw his guilty plea and vacate his sentence.

Christopher Fletcher of the Kane County Public Defender’s Office, who has been assigned to the case, could not be reached Wednesday for comment.

Hayes will be credited for 109 days served in jail since May 21. He also received one year of mandatory supervised release.

The stabbing occurred shortly before 7 a.m. outside Suncast Corp. at 701 N. Kirk Road, Batavia. Police determined Hayes and a coworker, identified as a 45-year-old man from Maywood, ended a work shift together and were about to return to their homes.

They were in the same vehicle when they apparently began to argue, police said. The argument turned into a physical confrontation, and police said Hayes stabbed the victim in the side of his neck with a pocket knife.

According to court records, Hayes stabbed the victim after the victim had accused Hayes of stealing his lottery tickets. The victim suffered wounds that weren’t life-threatening to “the left side of his ear and neck area,” police said.

He was treated at an area hospital and released.

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