Streamwood teen to stay in custody after insanity verdict

A Streamwood teen will remain indefinitely in the custody of state mental health officials after having been found not guilty by reason of insanity in the attempted murder of his parents last year.

Alex Rivera, 18, was tried this spring for attempted murder after his mother, Josephina, was shot in the chest and stabbed in the stomach and his father, Jesus, was shot in the back on May 17, 2007.

The verdict was reached last May 19, and Rivera has remained in the custody of the Department of Human Services' mental health division since while a long-term option for his care was determined.

The ruling to keep Rivera in the department's custody was announced at a court hearing Tuesday in Rolling Meadows, officials in the Cook County state's attorney's office said.

When a person is found not guilty by reason of insanity, an evaluation process begins that looks at such factors as diagnosis, risk of escape and risk of harm to staff and fellow patients, said Marielle Sainvilus, a Department of Human Services spokeswoman.

While information regarding individual cases is confidential, most people from Northern Illinois are admitted to the Elgin Mental Health Center, she added.

Treatment of mental illness is handled through medication and individual and group therapy, she said.

"The department, by law, is required to treat the person with the ultimate goal of the person being released back to the community," Sainvilus said. "Because of that, the department would also assess the person's ability to live in the community and look to improving job skills, money management skills and other skills that would enable the person to live in the community."

Only a judge could make a final decision to release a person from a treatment facility, not the Department of Human Services, Sainvilus said.

During Rivera's trial, two psychologists testified he suffered from a form of schizophrenia and didn't understand the criminality of his actions when he attacked his parents.

Prosecutors said Josephina Rivera had been sleeping in her room on the afternoon of the attack. Her son awoke her and asked her to make him dinner.

She then noticed her son had a gun. The two struggled for it until it went off and struck her in the chest. Only later did she realize she'd been stabbed as well.

Jesus Rivera heard his wife's cries and ran into the room, ordering her out while he fought with his son for about 10 minutes. Alex Rivera grabbed the gun from his father and shot him in the back as he ran out the door.

Alex Rivera held police at bay at the home for four hours until officers smashed in a back fence. Rivera ran out the front door and was arrested.

Even before the incident, Rivera had been treated for psychosis. He dropped out of Streamwood High School at 15, displayed poor hygiene and would laugh at inappropriate times, psychologists who testified at his trial said.