Probation could be revoked for an Algonquin man who was accused of threatening to shoot at a Chicago music festival last year and who later pleaded guilty to an unrelated battery charge.
In March, Daniel O. Susma, 30, entered into a negotiated plea to aggravated battery to a person 60 years or older.
Susma, who had been found unfit to stand trial after his arrest, but was later ruled fit, was sentenced to two years of specialty probation and required to participate in a specialty mental health program.
Prosecutors recently filed motions in the McHenry County court listing a slew of alleged violations as reasons Susma should be sanctioned or discharged from the program, or both.
This could lead to Susma being resentenced for the felony domestic battery charge, to which he pleaded and which carries a prison term between two and five years.
Among the alleged violations:
In May, staff at the treatment center he was living in reported he was smoking marijuana in his room, where he also had a flask, according to the court records.
In June, Susma tested positive for cocaine, prosecutors allege.
In July, Susma was “unsuccessfully discharged” from the facility where he was staying and then “failed to report to probation to have electronic monitoring installed” after his discharge that same day, according to the motion written by Assistant State’s Attorney Zachariah Sitkiewicz.
An Uber service was arranged for Susma to go from the facility “directly to probation” with no scheduled stops. However, Susma is accused of making a stop at his Algonquin bank on the way “instead of coming directly to probation as directed,” the motion states.
Susma also is accused of testing positive for cocaine and THC, for which he signed an admission to on July 12; of not reporting to probation July 25; of testing positive for cocaine July 27; and of using cocaine on Aug. 2, according to the motion. He allegedly missed drug tests in August and in October, prosecutors said in the court document.
He further violated terms of his probation by having contact with the victim in his aggravated battery case, according to the motion.
“Throughout the course of his participation in Mental Health Court, the Defendant has used profanity in open court multiple times,” Sitkiewicz wrote, asking the court to grant his motion to discharged and/or sanction Susma.
Susma appeared before McHenry County Judge Michael Feetterer this week, where Susma was sent to the county jail for 24 hours. During his probation, he has been remanded to jail after alleged probation violations at least five other times, according to orders filed in the courthouse.
This week’s order said he is to live at a relative’s house in Woodstock and can only leave the residence to see his attorney, go to work and to attend daily sober support meetings and after care, according to an order signed by Feetterer.
Last year, Susma was accused of posting threats on social media of a shooting at the North Coast Music festival over Labor Day weekend in Bridgeview, where songwriter and producer Diplo was scheduled to perform.
Details of the alleged threat came out during a hearing held to increase Susma’s $25,000 bond in the battery case.
At that hearing, prosecutors said their office learned from the FBI, Algonquin and Bridgeview police about rambling and threatening Instagram and Facebook posts Susma allegedly made about a shooting at the upcoming festival.
The alleged threats prompted Diplo, using his given name Thomas Pentz, to obtain a stalking/no-contact order, according to court documents.
The order is due to expire Aug. 8, 2024, according to court records.
According to the petition, Susma is prohibited from threatening or contacting Pentz and was ordered to stay at least 1,000 feet away from the festival grounds during that weekend festival.
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 police report said Susma was “off of his medication” and “having a manic episode and continued to make disorganized and manic statements.”
Pentz request for the no-contact order also referenced Susma’s alleged comments to officers that “he wants to see a shooting so he could film it.”
“I have been the victim of stalking by [Susma],” Pentz said in his court request. “As a result of [Susma’s] threats, I am in fear for my safety and the safety of those around me.”
