BATAVIA TOWNSHIP – A Batavia Township man was charged with felony aggravated driving under the influence and domestic battery in which the victim said he pulled her hair out, kicked her in the head and punched her all over her body, according to Kane County Sheriff reports and court records.
Earl L. Ashton, 47, of the 38W200 block of Main Street, Batavia Township, was also charged May 8 with driving under the influence, failure to notify the Secretary of State of an address change and driving without a valid driver’s license.
The lack of a valid license creates the aggravating factor that elevates the charges to a felony, according to state statute.
Aggravated drunken driving is punishable by one to three years in prison and fines of up to $25,000.
Deputies responded to a domestic battery call shortly after 5 p.m., where the victim told deputies that Ashton had beat her and left in a 2002 blue BMW, the report stated.
“He had pulled her hair out and kicked her multiple times in the head. (The victim) stated that he also punched her all over her body, including the back of her head, neck and arms,” the report stated.
The argument started after Ashton was out in the barn for the past five hours drinking vodka and she went to check on him, according to the report.
Ashton became upset and implied that he was going to leave, so she took the keys to his car to prevent him from driving due to his intoxication, the report stated.
When she took his keys, he chased her, grabbed her by the hair and while she was on the ground being kicked, she managed to reach in the car, grab his phone, and call 911, according to the report.
The victim told deputies that when they would find Ashton, they would also find a large bottle of alcohol and “a large chunk of her hair was in Earl’s car as well, from him pulling it out,” reports stated.
After deputies reported the blue BMW to KaneComm, a Batavia police officer located it at the Mobil Gas Station west of Randall Road in Batavia, reports stated.
When deputies arrived, Ashton was sitting on the curb next to his car smoking a cigarette, reports stated.
Both deputies and the Batavia officer stated they smelled a strong odor of an alcoholic beverage emanating from Ashton’s breath when they approached, reports stated.
The deputy and the officer both saw “a large chunk of hair consistent with (the victim’s statement) was on Earl’s (waistband) and observed it fall to the (ground),” according to the report.
Deputies also found a 1.75-liter of vodka in the front passenger seat of the BMW, the report stated.
Ashton was released after posting $750 bail, or 10% of the $7,500 bond that was set.
Ashton’s next court date is June 6.