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

DeKalb Police were first told about the performance at Java 101, 901 Lucinda Avenue, 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 Java 101 after exiting. 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. NIU University Police were the first to arrive on the scene, who 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.

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

Officers saw over 100 people inside with live entertainment, said Lt. Gary Spangler of the DeKalb Police Department.

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, the overcrowding and music violation.

Police asked the owner for identification and told him he was being issued a citation for noise. The owner refused to give police his identification and would not tell police his name.

The owner, who was identified as Michael Fitzgerald, 55 of Maple Park, tried to push away one of the officers arms that was holding open the door. Fitzgerald was then told he would be placed under arrest.

Resisting arrest

While attempting 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 that he was not under arrest.

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 of 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. 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,” said Lt. Gary Spangler of the DeKalb Police Department. “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 was unable to be reached for comment as of 1 p.m. Friday afternoon.