A 28-year-old Algonquin man accused of battering a 71-year-old female relative and posting social media threats about a shooting at an upcoming music festival in Bridgeview was found by a doctor to be “unfit,” attorneys said in court Wednesday.
Daniel O. Susma was set to be arraigned Wednesday, but a fitness hearing was set for Friday instead after attorneys told McHenry County Judge Michael Coppedge that a Mathers Clinic doctor found him “unfit.”
Meanwhile, an artist scheduled to perform at the North Coast festival over Labor Day weekend, Diplo, has obtained a stalking/no contact order against Susma over his alleged social media threats.
Assistant State’s Attorney James Newman and Susma’s defense attorney, Assistant Public Defender Matthew Feda, each said they would stipulate to the doctor’s findings.
Should Coppedge rule Friday that Susma is unfit to stand trial, he would be turned over to the custody of the Illinois Department of Human Services until he regains fitness. At that time, he would be returned to the McHenry County jail and his case could proceed toward a trial.
Susma is charged with aggravated battery to a person older than 60 years old, a Class 3 felony; aggravated domestic battery, a Class 2 felony; and four counts of domestic battery, a Class A misdemeanor, according to the criminal complaint filed in the McHenry County courthouse.
Susma is accused of striking the woman in the face; scratching her face, back and arms; and covering her mouth and nose as she screamed and “impeded(ing) her breathing” in July, according to court documents.
When arrested, a firearm surrender was ordered and a permanent no-contact provision with the woman was put in place.
At a hearing held to increase Susma’s $25,000 bond in July, Newman said his office learned from the FBI, Algonquin Police and Bridgeview Police about the rambling and threatening Instagram and Facebook posts Susma allegedly made about a shooting at the upcoming North Coast Music Festival.
Newman declined Wednesday to comment on whether additional charges would be filed against Susma related to those social media posts.
Since Susma’s arrest, Thomas Pentz, also known as Grammy Award winning Diplo, the songwriter and music producer named in Susma’s social media post and who is performing at the music festival over Labor Day weekend, has obtained a stalking/no-contact order, according to court documents.
The order will expire Aug. 8, 2024, according to court records.
According to the petition, Susma is prohibited from threatening or contacting Pentz and must stay at least 1,000 feet away from the festival grounds located at 7000 S. Harlem Ave.
Pentz said in the petition that he does not know Susma, nor does he know why he is being threatened. He said he has suffered emotional stress and anxiety as a result of Susma’s threat.
Pentz referenced an Algonquin police report related to a July incident days before Susma was arrested on charges of battering the woman. The report notes that Susma was “off of his medication” and “having a manic episode and continued to make disorganized and manic statements.”
He also referenced that Susma told officers, “he wants to see a shooting so he could film it.”
“I have been the victim of stalking by [Susma],” Pentz said. “As a result of [Susma’s] threats, I am in fear for my safety and the safety of those around me.”
Pentz’s petition was supported by festival organizers.
Chris Den Uijl, who is listed as the affiant on an affidavit filed by the North Coast Music Festival, said last year the festival drew more than 78,000 attendees and this year’s fest is expected to draw “no fewer.”
He said festival organizers were alerted by many people of Susma’s posts and that many performers and those who plan to attend “are in fear for their safety.”
“Given the prevalence of mass shootings nowadays, [Susma’s] threats cannot, and have not, be taken lightly,” Uijl stated in the affidavit.
Susma is being held in the McHenry County jail on $50,000 bond. To be released, he would be required to post 10%, $5,000.