By Allan Lengel

A suburban Chicago business man, who was charged with assaulting an FBI agent, has decided to stop gambling on his fate.

John Esposito, a Franklin Park businessman, agreed to plead guilty to a misdemeanor after a jury failed to reach a verdict on Monday on felony charges, the Chicago Tribune reported.

His attorney James Streicker told the Tribune that the jury was split in half and his client decided to go for a sure thing rather than take a chance with a new trial.

Esposito got into a a scuffle with agent Brian Etchell, who had come to his business to investigate suspected fraud. The two ended up rolling on the ground during a confrontation.