Nick Fuentes Victim Files Civil Suit After Criminal Case Dropped
Marla Rose says Nick Fuentes never completed required community service and is now pursuing a civil suit after his misdemeanor battery charge was dismissed.
The criminal case against Nick Fuentes was dismissed this week, but the woman he is accused of battering says he never completed his end of the deal and is now taking him to civil court.
Marla Rose, who says Fuentes pepper-sprayed her and pushed her down the front steps of his Berwyn home in November 2024, told the Chicago Sun-Times she has “no proof” Fuentes completed the community service required under a deferred prosecution agreement. The criminal charge, a misdemeanor battery count, was dropped anyway. Rose filed a civil suit against him last month.
“This is not how your average person who pushes a woman down the stairs and breaks six ribs would be treated,” Rose said.
The case has run 18 months since the November 2024 confrontation. Rose said she chose to drop the criminal charge rather than watch it drag on further, a decision she made after the civil filing was already in place. She didn’t walk away satisfied.
When the case came up in court, Fuentes appeared by Zoom. Rose was present in person. She was given the choice between proceeding to criminal trial or dropping the charges. She dropped them, but said she was “sickened” by what she described as treatment that would never be extended to an ordinary defendant.
“My understanding for months now was that this was all settled, and for whatever reason, it’s perfectly reasonable for this defendant to have privileges the average person doesn’t,” Rose said, according to the Sun-Times. “And it doesn’t seem there’s anything I can do about that so I’ve decided to move on.”
Fuentes is a far-right internet personality who built a following among white nationalist circles. His address in the western suburb of Berwyn was leaked online before the November 2024 incident. Rose came to his front door after the leak. Fuentes pepper-sprayed her and shoved her down the steps, breaking six of her ribs, according to the charges filed against him in Cook County.
He was charged with misdemeanor battery. The Cook County State’s Attorney’s office agreed to a deferred prosecution, meaning the charge would be dropped if Fuentes met conditions including community service. Rose contends there’s no documentation he met those conditions. Prosecutors dropped the case regardless.
Deferred prosecution agreements are common tools in the Cook County court system for lower-level offenses, allowing defendants to avoid conviction by completing requirements set by the state’s attorney’s office. Critics argue the agreements can be applied unevenly depending on a defendant’s resources and legal representation. For context on how Illinois courts apply such agreements, the Illinois Courts website maintains public guidance on felony and misdemeanor diversion programs.
Fuentes’ attorney, Robert Rascia, didn’t respond to a request for comment.
Rascia is also representing Trevor Fleming, a former chef at Avondale restaurant Warlord, in a separate sexual misconduct case, according to the Sun-Times.
Rose’s civil case shifts the dispute to a different forum with a lower burden of proof. In Illinois civil court, she would need to show it’s more likely than not that Fuentes caused her injuries, rather than proving it beyond a reasonable doubt. The Illinois Civil Justice League tracks civil tort filings across the state, including battery claims in Cook County.
For Rose, the civil route is less about legal strategy than exhaustion. She said she spent 18 months believing the criminal matter was resolved, only to learn the terms had not been demonstrably fulfilled. That discovery, combined with what she described as special treatment for a high-profile defendant, pushed her to shift courses.
Fuentes has used his platform in far-right media circles to frame the case as politically motivated. He has not addressed Rose’s specific claims that he failed to complete community service. His public commentary on the case, and the decision by Cook County prosecutors to close it without verified documentation of compliance, now become part of the record Rose’s civil attorneys will develop.
The civil case is pending in Cook County Circuit Court. No trial date has been set, according to available court records.