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Video captured man allegedly assaulting a judge

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.

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.

“There’s no way we 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,” said Zakiyyah S. Muhammad, a Hubbard supporter.

Nicosia declined comment.