A man being held at the Kane County jail for “one of the most violent cases” in county history now faces additional charges for repeatedly attacking, injuring and throwing feces and urine at corrections officers.
In a Thursday (Sept. 26, 2019) news release, Kane County Sheriff Ron Hain said the new charges against Fabian J. Torres, 32, of Sleepy Hollow include multiple counts of aggravated battery to a police officer, resisting a police officer and causing injury while resisting a police officer.
Torres had been sent to jail on multiple charges for the April 8 Sleepy Hollow home invasion in which a young woman was stabbed and sexually assaulted and her brother was brutally stabbed multiple times when he came to her defense.
Torres faces 26 felony counts for the Sleepy Hollow attacks, which Kane County State’s Attorney Joe McMahon described as “one of the most violent cases” he has seen during his tenure.
The felony accounts related to that case include two counts of attempted murder, four counts of aggravated criminal sexual assault, eight counts of home invasion, two counts of armed violence, two counts of aggravated kidnapping, four counts of aggravated battery and four counts of aggravated unlawful restraint.
Torres’ repeated attacks at the county jail show a continued pattern of violence, and he is now being held held in the Illinois Department of Corrections, according to the Sheriff’s Office news release.
Hain provided a timeline of the altercations with Kane County Corrections staff:
Sept. 9 — Torres attacked two officers with a shank made from small golf pencils held together by a sticker from a shampoo bottle. The 2-and-a-half-inch-long golf pencils are the only writing utensils provided to inmates.
During a struggle, Torres caused minor injuries to two corrections officers and was charged with two counts of aggravated battery to a peace officer.
Sept. 12 — Hain said Torres refused to be handcuffed in his cell and was subsequently pepper sprayed by officers. Torres refused orders to be handcuffed and struck one of the officers who entered the cell.
Torres was eventually subdued. Hain said the officer sustained minor injuries.
The following charges were filed against Torres after the altercation: aggravated battery to a peace officer, resisting a police officer, causing injury, and five counts of resisting a police officer.
Sept. 14 — Torres again refused orders to be handcuffed and began to put toilet paper over the windows of his cell. The Kane County Jail Corrections Response Team entered, and Torres punched one of the officers in the head. The officer received minor injuries.
Torres was taken to the floor, stunned with a Taser device, and handcuffed after the struggle.
In that incident, he was charged with one count of aggravated battery to a peace officer and three counts of resisting a peace officer.
Sept. 16 — Torres was slamming the mattress in his cell against the cell window. Torres requested that the Corrections Response Team come in and get him.
“Knowing his tendency to become combative, the team responded to remove the mattress and other items from the cell,” Hain said. “Before the team entered, Torres attempted to barricade his door with his mattress. He also wrapped himself in his suicide smock and blanket in preparation for the Response Team.
“He was first pepper sprayed, but refused to comply with officers’ orders. He then threw urine and feces toward the officers, most of which was deflected by the stun shield. However, two of the officers were exposed to his bodily fluids.”
Torres was charged with two counts of aggravated battery to a peace officer and five counts of resisting a peace officer.
Sept. 17 — Torres asked for a cup of water. When an officer passed it through the feed slot of his cell, he produced a cup containing his urine that he had hid under his suicide smock. Torres threw the contents of the cup at the officer.
He again requested that the Response Team come get him. The team suited up including using biohazard suits. They fired several rounds from a pepper ball launcher into the cell at him.
Torres continued to refuse commands to be cuffed and told officers he was going to throw more urine at them. Hain said he was then forcefully taken to the floor and handcuffed.
“This incident is still under review,” Hain said. “However, we anticipate screening this with the Kane County States Attorney’s Office to request additional charges.”
Kane County Corrections staff worked with Illinois Department of Corrections to have Torres turned over to their custody on Sept. 20 for a parole violation. A previous news release from the Kane County State’s Attorney’s Office said Torres was on parole for a 2011 offense of attempted aggravated arson in McHenry County.
“Despite the many reformative programs now offered in the jail, there is a certain percentage of the incarcerated population that presents great safety risks to the jail staff,” Hain said in the news release.
“(I commend) the professionalism and perseverance of his corrections officers in the face of extreme danger, as well as their ability to work as a team to minimize risks to the facility.”
The charges against Torres are not proof of guilt. A defendant is presumed innocent and is entitled to a fair trial in which it is the state’s burden to prove his or her guilt beyond a reasonable doubt.
SOURCE: Kane County Sheriff’s Office news release