Spittin' Mad: Angry Man Acquitted of Hate Crime in Slap Fight with Tiny Black Judge

A Chicago man belittled an elderly African-American judge, spat on her, slapped her in the face and called her "the Rosa Parks of smoking" — all because he wanted her to stop puffing on a cigarette during a break outside the Daley Center — and he got away with it.

During a bench trial Wednesday, David Nicosia was acquitted of felony aggravated battery and hate crime charges by Judge James Obbish, who watched surveillance video footage of the altercation before rendering his decision.

Standing 6 feet tall and 240 pounds, Nicosia spit in the the face of Judge Arnette Hubbard — a tiny, little woman who was 79 years old at the time.

This episode unfolded two years ago on July 14, 2014, outside the Daley Center as Nicosia and his boyfriend, William Kay, were waiting to get a marriage license from the county.

Nicosia, 57, testified he only spit at Hubbard because the judge spit at him first, hurling a smoky "goober" into his mouth, according to a Chicago Sun-Times account of his testimony.

Though Obbish acquitted Nicosia on all charges, he said the IT professional "didn't act in a way that a man should act to a lady." He also said Hubbard behaved as if she were entitled to a special right to be rude to others and disturb them with her smoking.

Hubbard, 81, a judge for almost 20 years and a civil rights lawyer before that, said Nicosia's behavior scared her. Nicosia told the court that when he blurted "you're not the Rosa Parks of smoking," he didn't mean for that to be racially insulting.

Nicosia, who lives in Edgewater, also said he "could taste tobacco and spit" after Hubbard spit into his mouth, then grabbed him.

Hubbard testified she was merely trying to hold onto Nicosia so nearby sheriff's deputies could arrest him. She said Nicosia slapped her and flung her away as she tried to hold onto him.

Nicosia said he hit Hubbard in the face accidentally.

Kay also testified, tearfully, saying he and Nicosia did not get married because they were traumatized by the tiny judge and her tobacco-infused spittle. Also, Nicosia wasn't allowed back into the Daley Center.

"It’s been hell,” Kay told the court.

Hubbard also, apparently, had been through hell. Hubbard said her altercation with Nicosia left her with "post-concussion syndrome" and she was unable to work for 17 months, according to a report by Chicago Tribune reporter Steve Schmadeke.

Really.

"This is a sad day because this never should've happened," Obbish said.

Obbish told Hubbard, one judge to another, she simply could have moved away from Nicosia and continued smoking. That would have been the "polite" thing to do.

Hubbard has filed a civil suit against Nicosia.

Nicosia's lawyer, Thomas Breen, said Hubbard was "acting crazy" and Nicosia handled the moment as best as he could.