Jury: Algonquin restaurant fire not accidental

A McHenry County jury deliberated for about 21/2 hours Wednesday before finding a 22-year-old Carpentersville man guilty of charges he intentionally set fire to the women's washroom of an Algonquin restaurant while friends and others were inside the business.

Jose J. Rivera, of the 100 block of Maple Tree, now faces between 6 and 30 years in prison when sentenced April 24 on the convictions for aggravated arson and arson.

As Judge Joseph Condon read the guilty verdicts, Rivera bowed his head slightly, sighed and began emptying his pockets in anticipation of having his bond revoked and being returned to the county jail.

His attorney, DJ Tegler, said Rivera will file a motion with Condon asking for a new trial and, if that fails, appeal the verdict.

"I respectfully disagree with the decision, but I'm always respectful of the jury process," Tegler said.

The charges stemmed from a June 29, 2005, fire inside Mandile's restaurant, 2160 County Line Road. Authorities said Rivera, who was there attending a dance rehearsal, walked into the ladies washroom, used a cigarette lighter to ignite a floral arrangement hanging above a mirror and left without telling anyone about the fire.

Restaurant workers, and by his own account, Rivera, later managed to put out the flames before they spread through the restaurant. No one was injured.

During closing arguments Wednesday, Tegler tried to convince jurors that Rivera set the fire accidentally after mistakenly stepping into the women's washroom and using his lighter to find a light switch.

Rivera's actions after the fire - helping to put it out, sticking around when police came and eventually approaching an officer and claiming responsibility - were not those of someone who had just committed a crime, Tegler said.

"A guilty person would attempt to find a way to leave," he said. "Stupid teenagers cause accidents, and that's what happened that night."

County prosecutors, however, called Rivera's account "absurd." To believe the defendant, Assistant McHenry County State's Attorney David Johnson, jurors would have to think he walked past the men's washroom, missing a sign on its door, step into the women's washroom, missing a sign on its door, and then missing a light switch in a usual location just inside the door.

"It defies logic; it defies common sense," Johnston said. "It's not worthy of your belief. This guy was up to no good."