Felony charge for driver who tossed Big Gulp on Kim Foxx during roadway dispute

A Flossmoor man is accused of tossing a cold drink on Kim Foxx after racing his car toward her during a dispute about roadway usage. (Google, @KimFoxx)

CHICAGO — Prosecutors have charged a suburban man with two felonies after he allegedly threw a Big Gulp on Cook County State’s Attorney Kim Foxx during an argument near her Flossmoor home.

William Swetz “had no idea” who Kim Foxx was when he crossed paths with her as he drove in the 800 block of Sterling Avenue on Friday morning, Assistant Public Defender Catherine Stockslager said during his initial appearance this afternoon.

Foxx was on her morning walk when Swetz, 34, encountered her while driving his GMC pickup truck around 10:30 a m., officials said.

Swetz ordered Foxx to “Get off the road, b**ch!” according to Assistant State’s Attorney Jose Villareal. He said Foxx “made a hand gesture” in response.

Official documents provided to CWBChicago say Foxx flipped Swetz off. The documents also say Swetz’s initial remark to Foxx was a bit spicier: “Get the f*** off the road, b**ch.”

Swetz stopped his truck and reversed toward Foxx, according to Villareal, leading Foxx to believe he might hit her with the vehicle. The documents said Swetz “zig zagged” his truck before it straightened out and accelerated toward Foxx in reverse. She stepped out of the road onto the parkway as Swetz pulled to a stop next to her.

Swetz stayed in the driver’s seat as the two engaged in a further confrontation, according to the documents. Ultimately, he threw a “brown drink” on Foxx, Villareal said. She believed the drink was root beer because some of it landed in her mouth, according to Villareal.

The documents say Swetz hurled the root beer onto Foxx’s face from a Big Gulp cup and drove off. Police arrested Swetz later in the day.

Villareal said he admitted to partaking in the incident and added that Foxx identified Swetz in a photo lineup.

Stockslager, the defense attorney, countered that the altercation was a “mutual exclamation of frustration” and added that there is no evidence that Foxx’s alleged fear of being struck by his truck was reasonable.

Judge Antara Rivera told Swetz that the “most troubling” aspect of the allegations in her mind was that he threw a drink on Foxx.

“It’s not safe,” said Rivera, citing the COVID pandemic. She released him to await trial with orders to stay away from Foxx and appear in court for a hearing on Tuesday.

William Swetz (Cook County Sheriff’s Office)

Prosecutors charged Swetz with aggravated battery in a public place and aggravated assault with a motor vehicle, both felonies. The battery charge is the more serious of the two counts filed against Swetz.

Courthouse veterans who spoke with CWBChicago on Sunday questioned the decision of Foxx’s office to charge Swetz with aggravated battery when he is only accused of tossing a drink on her.

People accused of far more serious attacks are routinely charged with misdemeanors in the county.

One example that springs to mind is that of Gary Coleman, who, in October 2021, punched a 60-year-old woman unconscious in the Loop. She fell and hit her head on the sidewalk, but he was only charged with misdemeanor battery.

Back on the street days later, Coleman allegedly pushed a 66-year-old tourist from the Cermak Green Line platform.

After a group of teenagers attacked a couple in Streeterville on May 31, news outlets reported that the female victim lost the baby she was carrying. Police arrested a 14-year-old boy and a 17-year-old girl nearby. Both were charged with misdemeanor battery and released. Foxx’s office claimed that CPD did not ask them to charge the juveniles with felonies.

In September 2021, Chicago police officers asked Foxx’s office to charge a man with felonies after he allegedly stabbed a 66-year-old man five times near Union Station.

Chicago officers noted in their report that the victim specifically wanted to pursue felony charges against the assailant, who had a history of randomly attacking people. But prosecutors refused to approve any felonies.

The Cook County State’s Attorney’s Office did not respond to an email sent Sunday morning seeking comment for this story.

About Tim Hecke 363 Articles
Tim Hecke is CWBChicago's managing partner. He started his career at KMOX, the legendary news radio station in St. Louis. From there, he moved on to work at stations in Minneapolis, Chicago, and New York City. Tim went on to build syndicated radio news and content services that served every one of America's 100 largest radio markets. He became CWBChicago's managing partner in 2019. His email address is tim@cwbchicago.com