May 23, 2026 9:30a
(WGTD)---A Salem Lakes man is expected to be sentenced Tuesday on drug, bail jumping and battery charges in a case that drew attention because of an unusual public disagreement among prosecutors on whether the most serious charge the man faced--felony murder--should be dismissed.
Deputy Kenosha County District Attorney Drew Burgoyne resigned soon after disagreeing with his boss, District Attorney Xavier Solis. Burgoyne's resignation last fall was part of a mass exodus of experienced prosecutors from the office in the months following the election of Solis to the office's top post.
The defendant--32 year-old Anthony Kanabay--was charged with murder in a fight in November of 2023 above the Somers House Tavern that resulted in the death of Dustin Hogan. The victim died after hitting his head on a table. A third man was involved but was never charged. A medical expert was unable to determine conclusively which of the blows resulted in the death.
Burgoyne wrote in July of last year that he couldn't ethically proceed with the murder charge and said he planned to move to dismiss the charge and one of the three bail jumping counts that had been filed against Kanabay.
But at the next hearing, instead of moving to dismiss the murder charge, Solis stepped in and asked for an adjournment to allow him to speak with the victim's family.
With Kanabay remaining behind bars, the case was finally resolved just last month with a plea bargain: The murder charge and a bail jumping charge would both be dismissed in exchange for Kanabay pleading guilty to a pair of felony bail jumping counts, a misdemeanor battery and a drug possession felony in a separate case.
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