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Video captured white man allegedly assaulting black judge

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While no trial date has been set yet for David Nicosia new evidence surfaced during his recent court appearance at the George N. Leighton Criminal Courts Building.

According to Assistant Cook County State’s Attorney Clarissa Palermom, a video captured the July 16 incident that showed Nicosia, who is white, hitting and spitting on Cook County Judge Arnette Hubbard, who is black.

While Palermon said she has not yet viewed the video, she expects to do so soon.

The 55-year-old Nicosia, who is charged with two counts of aggravated battery to victim over 60, two counts aggravated battery in a public place and one hate crime, is due back in court Oct. 7. He remains free on $90,000 bail and could receive up to 24 years in prison if convicted on all charges although prosecutors said it’s more likely he would receive no more than eight years in prison since Nicosia does not have a prior criminal record.

Prosecutors said Nicosia got angry with Hubbard for smoking too close to him outside the Daley Center, and that’s when he allegedly hit and spit on her and called her Rosa Parks.

“We got you now! Let’s see you get away this time,” said Zakiyyah S. Muhammad, a Hubbard supporter, who has attended every court hearing. “There’s no way we (black community) are going to let this slide. What he did was not only criminal but also disrespectfully and we will make sure he pays for it.”

Nicosia declined comment.

For Hubbard, 79, who have not returned to work since the incident occurred, said through a family friend that she appreciated all the support she is receiving and hopes to be back to work soon.

And the number of Hubbard supporters continues to grow each court hearing. The last court hearing 20 supporters showed up but at Nicosia’s most recent court appearance 50 people attended court.

But not every supporter knows Hubbard.

Michelle Banks, 44, said she sat in on Nicosia’s case only after a court hearing for herself.

“I knew the case was being heard today but I figured I could not attend because I have my own case going on,” Banks said. “But when I got to court I found out it was continued to another date. That’s when hurried up downstairs to get a seat. What got me was this guy spitting on her. No man should do such a thing to a lady especially a senior.”