STATE OF ILLINOIS )

) SS.
COUNTY OF WILL )

IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT

WILL COUNTY, ILLINOIS

PEOPLE OF THE ST A TE OF ILLINOIS )

)
vs. )
) CASE NO. 2023 CF 1905
JOSEPH M. CZUBA )

PETITION TO DENY PRE-TRIAL RELEASE

Now come the People of the State of Illinois by JAMES W. GLASGOW, State's Attorney

of Will County, Illinois, through Michael J. Fitzgerald, Assistant State's Attorney, and respectfully

requests that this Honorable Court grant the State's Petition to Deny Defendant's Pre-Trial Release

pursuant to 725 ILCS 5/110-6.1, and in support thereof states as follows:

1. In the above captioned matter, the defendant has been charged with the following

offense(s):

CT# 1
10/14/2023 First Degree Murder Class M Felony

CT# 2 10/14/2023 First Degree Murder Class M Felony

CT# 3 I
0/14/2023 First Degree Murder Class M Felony

CT# 4 l 0/14/2023 Attempt First Degree Murder Class X Felony

CT# 5 I 0/14/2023 Aggravated Battery Class 3 Felony

CT# 6 I
0/14/2023 Aggravated Battery Class 3 Felony

CT# 7 10/14/2023 Hate Crime Class 4 Felony

CT #8 10/14/2023 Hate Crime Class 4 Felony

 2. This Court should deny the defendant pretrial release for the following check-marked

reasons:

(a) The defendant is charged with a felony offense other than a forcible felony for
_
which, based on the charge or the defendant's criminal history, a sentence of imprisonment,

without probation, periodic imprisonment or conditional discharge, is required by law upon

conviction, and the defendant's pretrial release poses a specific, real and present threat to the

safety of any person or persons or the community. See 725 ILCS 5/110-6.1 (a)(l ).

X (b) The defendant's pretrial release poses a real and present threat to the safety of

any person or persons or the community, and the defendant is charged with a forcible felony;

treason X first degree murder

_second degree murder _predatory criminal sexual assault

criminal sexual assault _aggravated criminal sexual assault

_armed robbery aggravated robbery

_robbery
_
_burglary where there is use of force against another person
residential urglary home invasion
_vehicular invasion _aggravated arson

arson _aggravated kidnapping

_kidnapping

_aggravated battery resulting a great bodily harm or permanent disability

or disfigurement

OR
 --any other felony which involves the threat or infliction of great bodily

harm or permanent disability or disfigurement See 725 ILCS 5/110-6.1 (a)(l.5)

( c) The defendant is charged with stalking or aggravated stalking and the

defendant's pretrial release poses areal and present threat to the safety of a victim of the alleged

offense, and denial of release is necessary to prevent fulfillment of the threat upon which the

charge is based. See 725 ILCS 5/l 10-6.l(a)(2).

( d) The defendant is charged with a violation of an order of protection issued under

_
Section l 12A- l 4 of this Code or Section 215 of the Illinois Domestic Violence Act of 1986, a

stalking no contact order under Section 80 of the Stalking No Contact Order Act, or of a civil

no contact order under Section 213 of the Civil No Contact Order Act, and the defendant's

pretrial release poses a real and present threat to the safety of any person or persons or the

community. See 725 ILCS 5/110-6.l(a)(3).

(e) The defendant is charged with domestic battery or aggravated domestic battery
_
under Section 12-3.2 or 12-3.3 of the Criminal Code of 2012 and it is alleged that the

defendant's pretrial release poses a real and present threat to the safety of any person or persons

or the community. See 725 ILCS 5/110-6.1 (a)( 4).

(f) The defendant is charged with any offense under Article 11 of the Criminal Code
_
of 2012, except for Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35, 11-40, and 11-45 of

the Criminal Code of 2012, or similar provisions of the Criminal Code of 1961 and the

defendant's pretrial release poses a real and present threat to the physical safety of any person

or persons or the community. See 725 ILCS 5/110-6.l(a)(5).

 (g) The defendant is charged with any of the following offenses, violations under
_
the Criminal Code of 2012 and the defendant's pretrial release poses a real and present threat

to the physical safety of any person or persons or the community See 725 ILCS 5/110-6.1 ( a)( 6).

Section 24-1.2 ( aggravated discharge of a firearm).

Section 24-2.5 (aggravated discharge of a machine gun or a firearm

equipped with a device designed or used for silencing the report of firearm).

Section 24-1.5 (reckless discharge of a firearm).

Section 24-1. 7 ( armed habitual criminal).

Section 24-2.2 2 (manufacture, sale or transfer of bullets or shells

represented to be armor piercing bullets, dragon's breath shotgun shells, bolo shells or flechette

shells).

Section 24-3 (unlawful sale or delivery of firearms).

Section 24-3.3 (unlawful sale or delivery of firearms on the premises

of any school).

Section 24-3.4 (unlawful sale of firearms by liquor license).

Section 24-3.5 (unlawful purchase of a firearm).

Section 24-3A (gunrunning).

Section on 24-3B (firearms trafficking).

Section 10-9 (b) (involuntary servitude).

Section 10-9 ( c) (involuntary sexual servitude of a minor).

Section 10-9 ( d) (trafficking in persons).

Non-probationable violations: (i) unlawful use of possession of

weapons by felons or person in the Custody of the Department of Corrections facilities (Section
24-1.1 ): (ii) aggravated unlawful use of a weapon (Section 24-1.6; or (iii) aggravated

possession of a stolen firearm (Section 24-3.9).

Section 9-3 (reckless homicide and involuntary manslaughter)

Section 19-3 (residential burglary)

Section 10-5 ( child abduction)

Felony violations of Section 12C-5 ( child endangerment)

Section 12- 7 .1 (hate crime)

Section 10-3.1 (aggravated unlawful restraint)

Section 12-9 (threatening a public official)

Subdivision (f)(l) of Section 12-3.05 (aggravated battery with a

deadly weapon other than by discharge of a firearm)

(h) The defendant is charged with any of the following offenses, and it is alleged
_
the defendant's pretrial release poses a real and present threat to the safety of any person or

persons or the community: See 725 ILCS 5/110-6. l(a)(6.5)

Felony violation of Sections 3.01, 3.02, or 3.03 of the Humane Care

for Animals Act (cruel treatment, aggravated cruelty, and animal torture)

Subdivision (d)(l)(B) of Section 11-501 of the Illinois Vehicle Code

(aggravated driving under the influence while operating a school but with passengers)

Subdivision (d)(l)(C) of Section 11-501 of the Illinois Vehicle Code

(aggravated driving under the influence causing great bodily harm)

Subdivision ( d)(l )(D) of Section 11-501 of the Illinois Vehicle Code

(aggravated driving under the influence after a previous reckless homicide conviction)
 Subdivision (d)(l)(F) of Section 11-501 of the Illinois Vehicle Code

(aggravated driving under the influence leading to death)

Subdivision ( d)(l )G) of Section 11-501 of the Illinois Vehicle Code

(aggravated driving under the influence that resulted in bodily harm to a child under the age of

16)

X (i) The defendant is charged with an attempt to commit any charge listed above and

the defendant's pretrial release poses a real and present threat to the safety of any person or

persons or the community. See 725 ILCS 5/110-6.l(a)(7)

U) The person has a high likelihood of willful flight to avoid prosecution and is
_
charged with: See 725 ILCS 5/110-6.l(a)(S), 725 ILCS 5/110-l{f)

any felony described in subdivisions (a)(l) through (a)(7) of 725 JLCS

_
5/110-6.1; or

a felony offense other than a class 4

_
_(k) The defendant is charged with a felony offense listed in subsection (b) of 720
ILCS 570/407 for which, based on the charge or the defendant's criminal history, a sentence of

imprisonment, without probation, periodic imprisonment or conditional discharge, is required by

law upon conviction, and the defendant's pretrial release poses a real and present threat to the

safety of any person or persons or the community and the defendant poses a serious risk not to

appear in court as required. See 725 ILCS 5/110-6.1 (e)(4)

3. Additional grounds upon which the defendant should be denied pretrial release are as

follows:
 a. The nature and circumstances of the offense: The defendant stabbed Wadee

Alfayoumi (DOB: 10/06/2017) multiple times about the body killing him, and

the defendant stabbed Hanan Shaheen, the deceased's mother, multiple times

about the head and body.

b. The identity of any person or persons to whose safety the defendant is believed

to pose a threat: Hanan Shaheen who survived the attack.

4. Factual basis in support of Pretrial Detention:

Upon information and belief, On October 14, 2023 at approximately 1138 hours,

Deputies of the Will County Sheriff's Office were dispatched to 16201 S. Lincoln Highway in

Plainfield IL 60586, regarding an assault. While enroute deputies were advised of a language

barrier and that the caller, later identified as Hanan Shaheen, advised the landlord was killing

the baby with a knife.

Upon Deputy Cisneros's arrival, the Plainfield Police Department was on scene and he

was directed to the front door of the residence where they were attempting to force entry into

the residence by kicking the door. Plainfield police officers made entry through the back door

and unlocked the front door for officers.

Deputy Cisneros made entry through the front door of the residence and began clearing

the first floor of the residence. Deputy Janovyak and Deputy Cisneros entered a bedroom

located on the first floor south of the main floor kitchen. Deputies observed a male white child,

later identified as Wadee Alfayoumi (DOB: 10/06/2017) laying on a bed on his back shirtless

with multiple stab wounds to the chest and what appeared to be a knife inserted approximately

4 inches on the right side of t e child's abdomen. The child was unresponsive and not

breathing.
 Deputy Cisneros contacted LCC and requested an ambulance on scene. Deputy

Cisneros continued to clear the rest of the main floor and observed the back door was open.

Deputy Starcevich and Deputy Cisneros contacted a white male, later identified as

Joseph M Czuba (DOB: 11/08/1951) who was found lying on his back in the yard at rear of

the residence.

Deputy Cisneros observed a laceration on Joseph's left side of his forehead. Joseph

proceeded to sit up on his own and placed his hands behind his back. Joseph was asked if

anyone else was in the house. Joseph did not give any statements. Joseph was placed in

handcuffs and detained, and a field dressing was placed on Joseph's wound. A knife holster

was found on Joseph's waist belt and removed by Deputy Starcevich. Several pocketknives

were also located next to Joseph's feet.

It was later learned that Hanan had two other children. A second search of the residence

was conducted in an attempt to locate them. No other subjects or victims were in the residence.

The other children were later found to be with their father in Chicago.

The Plainfield Fire Department arrived on scene and provided medical treatment.

Wadee and Hanan were relocated to Saint Joseph Medical Center in Joliet for treatment of

their wounds. Joseph was relocated to Bolingbrook Edward hospital for further medical

treatment.

Upon Deputy Silverstein's arrival, he was met by the mother of the injured child, Hanan

A. Shaheen, who was sitting on the front porch of the above-listed residence. Hanan had

multiple facial wounds and was bleeding profusely. Hanan appeared to be alert and

oriented. Deputy Silverstein followed the Plainfield Fire Department ambulance to St. Joe's
Hospital in Joliet. While m emergency room 13, Hanan was able to give the following

statement in summary.

Hanan stated, she and her son, Wadee Alfayoumi (DOB 10/6/2017) rent two rooms at

the above address. Hanan stated she also lives there with the owner of the residence, Joseph

Czuba. Hanan advised the day started out normal with breakfast and she thought everything

was fine. Hanan further advised, right before calling police, Joseph was knocking on her

bedroom door. Hanan answered the door and an argument started over the current

Hamas/Israel conflict in the Middle East. It should be noted, Hanan advised she is

Muslim. Hanan stated, the argument became physical, and she was able to get away from

Joseph by locking herself in the nearby bathroom. Hanan advised she was not able to get her

son with her into the bathroom. Hanan stated while in the bathroom she called police and

while on the phone with 911 Hanan stated, her son was being stabbed.

While trying to retrieve a statement from Hanan, Deputy Silverstein was being asked

to exit the room by medical staff so they could render aid to Hanan. Detective Sgt. Earnest

arrived on scene shortly after and was able to get a statement from Hanan.

While at St. Joes Hospital, medical staff was rendering aid to Hanan's son, Wadee, in

the emergency room. As Deputy Silverstein walked by the emergency room, medical staff

pronounced Wadee deceased. Wadee was pronounced deceased at 1219 hours by Dr. N.

Arendovich at St Joseph hospital.

Detective Sgt. Earnest arrived at St. Joseph's Hospital and spoke with Hanan and first

verified that her other children were safe and not at the residence during the time of the

incident. Hanan stated her other children were safe, with her ex-husband, and were not with

her during the incident.

 Detective Sgt. Earnest asked Hanan how her day started, and she stated she woke up

around 9 a.m. Saturday. Detective Sgt. Earnest asked Hanan who she was with, and she stated

in the house there is a guy with his wife, and he looked into her door. Hanan stated that he

started to knife her and her baby. Hanan stated she tried to defend herself and he went to the

kitchen. Hanan stated she grabbed her phone and went to the bathroom.

Detective Sgt. Earnest asked Hanan if the guy who came to the door was her landlord

and what his name was. Hanan stated his name was Joseph Czuba. Hanan stated she lives on

the first floor and the Czubas live on the second floor. Hanan stated she has lived in the

residence for the last two years.

Detective Sgt. Earnest asked Hanan if she has had any trouble with Czuba during the

time she has lived in the residence. Shaheen stated that Czuba is an angry man. Shaheen stated

that Czuba abuses his wife and screams at her. Shaheen stated today he knocked on the door,

as he has done before to ask for a favor. Shaheen stated today Czuba told her he was angry at

her for what was going on in Jerusalem. Shaheen stated she responded to him "let's pray for

peace." Shaheen stated Czuba gave her no chance to do anything. Shaheen stated that Czuba

then attacked her with a knife. Detective Sgt. Earnest asked Shaheen what kind of knife, and

she said it was a large blade. Shaheen stated Czuba was injured during the initial attack on

her. Detective Sgt. Earnest asked if Shaheen injured him while she was defending herself and

she said yes. Shaheen stated that when she went into the bathroom Czuba was still in the

residence. Shaheen stated that she came out of the bathroom when the police arrived.

Detective Sgt. Earnest asked Shaheen if she saw Czuba by her child and she stated

no. He asked where her child was during the incident, and she stated in his room. Detective

Sgt. Earnest asked Shaheen if Czuba attacked her over the conflict in Jerusalem and she stated
yes. Shaheen stated that yesterday (Friday the 13th) or the day before (Thursday the 12th), she

was tex ting Czuba's wife talking about Czuba's hatred of Muslims. Shaheen then showed the

officer a screen shot from Oct 11th from Mary Joseph Czuba. Shaheen stated on Wednesday

October 11 °1, Czuba confronted her about what was going on in the Middle East.

Detective Sgt. Earnest asked Shaheen if she had any altercations with Czuba before

this and she stated he is just very angry. Shaheen stated today she tried to defend herself and

push him away and stated Czuba gets weird when he is angry and wanted to kill us.

Detective Thomas Hannon interviewed Mary Czuba who stated the following. Mary

advised Joe listens to conservative talk radio on a regular basis. Mary advised Joe has been

heavily interested in the events that have recently occurred in Israel. Mary advised that Hanan

is Palestinian. Mary advised that on Wednesday, October 11th, 2023, Joe related that he

expressed that he wanted Hanan and her son to move out of the residence. Mary advised Joe

believed that they were in danger and that Hanan was going to call over her Palestinian friends

or family to harm them. Unbeknownst to Mary, Joe recently made a cash withdrawal of

$1,000.00 in case the U.S. grid went down. Mary advised Joe stated he was concerned about

the National Day of Jihad that was supposed to occur on Friday, October 13th, 2023. Mary

advised Joe stated an event was going to occur on today's date (October 141'\ 2023) but did not

explain any further. Mary stated Joe does not carry around a large knife on a normal basis.

5. Accordingly, for the reasons stated above, and based upon the proffer the People

request to make during the hearing on this petition pursuant to 725 ILCS 5/110-

6.1 (f)(2), the People pray that this Honorable Court deny the defendant pretrial release.
 VERIFICATION BY CERTIFICATION

The undersigned hereby certifies, as authorized by 735 ILCS 5/1-109, that the undersigned has

read the contents of the foregoing document, has knowledge of the matters recited, and that the

statements set forth in this instrument are true and correct, except as to matters therein stated to

be on information and belief as to such matters the undersigned certifies as aforesaid that the

undersigned verily believes the same to be true.

Respectfully submitted,

PEOPLE OF THE ST A TE OF ILLINOIS

JAMES W. GLASGOW
Will County State's Attorney

By

?erzt?
Assistant State's Attorney