Alleged Caputo's Firebomber to Undergo Fitness Examination

Arraignment for Fabian Torres, the 24-year-old Sleepy Hollow man accused of throwing a , was postponed yet again Tuesday in McHenry County Court. 

His attorney, Bill Bligh, petitioned the court to allow for a fitness evaluation before an arraignment is held. Judge Gordon Graham allowed the motion and rescheduled Torres’ arraignment for Oct. 25. 

, .

Torres appeared before Graham unshackled wearing the orange jumpsuit afforded inmates. His court appearance lasted about five minutes. 

Bligh said that due to health privacy laws, he couldn’t comment on what type of exam Torres would undergo — if it were psychological, physical or both. 

“I can say I have a bona fide doubt as to his fitness,” Bligh said, adding he hoped the evaluation would be completed before Torres’ next court date. 

Torres faces up to 30 years imprisonment and/or $25,000 in fines if convicted of aggravated arson, a Class X felony. On Sept. 15 a grand jury also added a charge of aggravated possession of an explosive device, a Class 1 felony carrying a maximum sentence of 15 years prison and/or $25,000 in fines.

Court documents state that Torres knowingly threw a Molotov cocktail into Joe Caputo & Sons Fruit Market in Algonquin on Aug. 22, to commit the offense of arson and knowingly did so knowing people were inside the store. 

. Police have said one person was injured, although not seriously. 

Caputo’s manger Art Contreras declined to comment on the cost of the damage done by the bomb on the advice of counsel.