ST. CHARLES, Ill. (CBS) — New charges have been filed against a man accused of sexually assaulting and stabbing a woman in her home in west suburban Sleepy Hollow, all stemming from his alleged behavior in jail.
Fabian Javier Torres, 32, was charged back in April with six counts of aggravated criminal sexual assault, two counts of attempted murder, seven counts of home invasion, two counts of attempted aggravated kidnapping, four counts of aggravated battery, three counts of aggravated unlawful restraint and two counts of armed violence.
Torres was caught on home surveillance video as he entered a house on the 900 block of Saratoga Parkway through an open front door, Kane County State’s Attorney Joseph McMahon said at the time.
Torres was armed with a knife, and carrying a black bag filled with rope, duct tape, pepper spray, bear repellent and “multiple items of a sexual nature.”
Once inside, Torres allegedly confronted a 19-year-old woman and her 17-year-old brother, ordering the woman at knifepoint to remove her clothing, and her brother to leave the room.
“As Torres sexually assaulted the female victim, she attempted to fight and take the knife from him, and a struggle began” McMahon said in April. “During that struggle, Torres stabbed the female victim, causing severe lacerations to her hands and other parts of her body.”
McMahon said the woman’s brother “valiantly came to her aid and defense,” but Torres stabbed him several times in his face, head, and chest.
Both victims escaped, while police said Torres broke into another house, asked for rides, and tried to break into vehicles. Police arrested him a short time later, subduing him with a Taser.
Torres has been in custody since April 9, and in that time, he has been involved in several scuffles with corrections staff at the Kane County Jail in St. Charles – which have resulted in multiple new charges. The incidents all happened within a period of eight days earlier this month.
On Monday, Sept. 9, Torres attacked two officers with a shank made from small golf pencils held together with a sticker from a shampoo bottle, according to the Kane County Sheriff’s office. The golf pencils are the only writing implements that inmates are allowed to have.
Torres left two corrections officers with minor injuries and was charged with two new counts of aggravated battery to a peace officer, authorities said.
On Thursday, Sept. 12, Torres refused to be handcuffed in his cell and was pepper-sprayed by officers – but still refused to be handcuffed and hit one of the officers who entered the cell, authorities said. He picked up new charges of aggravated battery to a peace officer, resisting a police officer causing injury, and five counts of resisting a police officer.
On Saturday, Sept. 14, Torres refused to be handcuffed again, and started putting toilet paper in the windows of his cell, authorities said. The Kane County Jail Corrections Response Team came, and Torres punched one of its officers in the head, resulting in minor injuries for the officer, authorities said.
Torres was subdued with a Taser and handcuffed afterward, and picked up more new charges – this time one count of aggravated battery to a peace officer and resisting a peace officer.
On Monday, Sept. 16, Torres started slamming the mattress in his cell against the cell window and saying the Corrections Response Team should come and get him, authorities said. Already knowing his combative personality, the team came to remove the mattress – and Torres tried to barricade the door with it, according authorities said. He also wrapped himself in his anti-suicide smock and blanket before the response team came, authorities said.
Torres was pepper-sprayed, but still refused to comply with the officers’ orders and started throwing urine and feces at the officers, according to the Sheriff’s office. Most of it was deflected by the officers’ stun shields, but two of them were hit, authorities said. That incident resulted in two new charges of aggravated battery to a peace officer and five charges of resisting.
And on Tuesday, Sept. 17, Torres asked for a cup of water. An officer passed a cup of water through the feed slot of Torres’ cell, at which point Torres produced a cup of his urine that he’d hidden under his anti-suicide smock and threw it at the officer, according to the Sheriff’s office. Torres again said the response team should come get him, and this time, they came with biohazards suits, authorities said.
The team fired several rounds from a pepper ball launcher at Torres, but he still refused to be handcuffed and threatened to throw more urine at the officers, according to the Sheriff’s office. Finally, he was tackled to the floor and handcuffed, authorities said.
More charges are expected from that incident.
Finally on Friday, Sept. 20, the Kane County Sheriff’s office had Torres moved to an Illinois Department of Corrections facility, since he had a parole violation.
McMahon said in April that Torres has a lengthy criminal record, and was on parole at the time of the attack, after he was released from prison last year for a 2011 attempted aggravated arson conviction.
Torres pleaded guilty but mentally ill in that case. McMahon said in April if Torres raises mental health issues in the case for which he is now in jail, the court will provide a psychological evaluation.