The owner of Java 101 was arrested late Thursday night after a fight broke out at a live music performance.

DeKalb police were first told about the performance at Java 101, 901 Lucinda Ave., when a battery was reported that evening. The victim came to the DeKalb Police Department and told police he had an argument and was struck by someone outside after exiting Java 101.

The victim drove himself to Kishwaukee Community Hospital, where he was treated for injuries. The case is still under investigation.

Fight in progress

At 9:18 p.m., DeKalb police were called to Java 101 for a fight in progress, said Lt. Gary Spangler of the DeKalb Police Department. NIU University Police arrived on the scene first, and they apprehended a group of people involved in an altercation in front of the business. DeKalb police arrived shortly afterward and noticed a large amount of people outside on the south and north sides of the building, Spangler said.

As officers approached the business, they noticed speakers outside playing loud music with profanity. Officers attempted to locate and speak to the owner to deal with the crowd situation, but the front door of the business was locked, Spangler said.

Officers saw more than 100 people inside with live entertainment, Spangler said.

Officers were able to get the attention of someone inside the business to unlock the door. Police then spoke with the owner, who came to the door, and indicated they were there for the overcrowding, fighting outside and the music violation, Spangler said.

Police asked the owner for identification and told him he was being issued a citation for noise. The owner refused to give identification and would not tell police his name, Spangler said. The owner, who was identified as Michael Fitzgerald, 55, of Maple Park, tried to push away one of the officer’s arms that was holding open the door, Spangler said. Fitzgerald was then told he would be placed under arrest.

Resisting arrest

When police attempted to handcuff Fitzgerald, he pulled his arms to the front of his body and flailed them about, Spangler said. He then tried to turn his body toward the crowd that was gathering and claimed he was not under arrest, Spangler said.

Once Fitzgerald was in handcuffs, he was taken to a squad car and officers helped employees clear out the event. As he was booked, Fitzgerald continued to be verbally abusive toward the officers and threw bond money at one of the officers, Spangler said.

Fitzgerald told police he would show up to court with several other people to disrupt the court and said he would fill the courtroom with people who would lay on the floor, Spangler said.

Fitzgerald is charged with keeping a disorderly house and resisting and obstructing a peace officer. He was later released after posting bond.

“He created a dangerous situation in the manner he operated the event,” Spangler said. “He piped out loud music to the general public with profanity. He had no control on what was going on outside of his business. It is obvious the inside was overcrowded. With the door being locked, it was just a recipe for disaster.”

Spangler said the department and city staff are looking into further sanctions that can be applied and that the over-occupancy may violate the license he holds.

“It is obvious to us the owner shows no regard for the safety of his patrons,” Spangler said. “He shows no respect for authority and rules.”

Fitzgerald’s response

Fitzgerald said he was initially given a maximum capacity of 50 people effective on Homecoming weekend but was given a maximum capacity of 82 Friday after the incident.

He said the door was locked to keep people out who were fighting down the street and had someone by the door at all times to keep customers safe.

He said police did not give him a chance to turn down the music, and he doesn’t feel he was over capacity.

“I don’t know how many people we had, but we had no problems,” Fitzgerald said. “I didn’t go into business to cause problems.”