Teens Fracture Skull Of Wingstop Worker In Attack: Prosecutors

DES PLAINES, IL — Two Des Plaines teens who had been throwing fireworks at the parked car of a man on a break from his job at a local fast-food restaurant beat him up when he retaliated, leaving the worker hospitalized for days with a fractured skull, authorities said.

Michael Aponte, 18, of the 2100 block of Laura Lane, and Justin Foster, 19, of the 1000 block of East Grant Drive, have each been charged with aggravated battery causing great bodily harm in connection with a Sept. 16 incident, according to Des Plaines police and the Cook County State's Attorney's Office.

Around 11 p.m. that night, Aponte and Foster had ridden their bicycles to the top level of a parking structure near the Wingstop at 1473 Ellinwood St. in downtown Des Plaines, from which they tossed fireworks at the worker while he was sitting in his parked car below, Assistant State's Attorney Ada Mares said Thursday at a bond hearing.

"The victim stepped out of his car and took out his BB gun and shot two projectiles at them to make them stop throwing fireworks. [Foster and Aponte] got on their bicycles and rode down to the Wingstop parking lot," Mares said.

Mares said Aponte first punched the man in his head, knocking his glasses off, before striking him in the back of the head. They began to brawl, the prosecutor said, and when Aponte was knocked to the ground, Foster hit the worker in the back of his head with a BMX bike.

After the parking lot attack, which was witnessed by another Wingstop employee, the worker was able to get back into work, clock out and drive to pick up his girlfriend at her house, Mares said.

But soon after picking her up, he began having a seizure and was rushed to Lutheran General Hospital, where he remained for at least five days. He was diagnosed with a temporal bone fracture and a laceration to his scalp that required staples, the prosecutor said.

The man who was attacked recognized Aponte by name and later picked out Foster from a photo lineup as the person who had hit him in the head with a bike, and — after waiving his right to remain silent — Foster admitted he had indeed done so, Mares said.

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Cook County Associate Judge Frank Andreou permitted Foster to be released on his own recognizance, providing he stays away from Wingstop and the injured worker.

Foster has had no previous contact with law enforcement, according to defense attorney Frank Howard, who said Foster is a Lincoln's ChalleNGe Academy graduate who lives with his parents and has worked at a Mariano's grocery store for the past year.

Andreou ordered Aponte to be held at Cook County Jail in lieu of a $1,000 cash portion of his bail. The judge said he recognized Aponte from a previous case stemming from an incident where he took his father's gun and fired it.

According to Mares, the assistant state's attorney, the 18-year-old has been arrested at least four times, but none of the arrests have resulted in adult convictions. Assistant Public Defender Jarnail Kanda said Aponte is working on his G.E.D. and pointed out Aponte did not use a bike in the fight.

Andreou said he recalled Aponte's family members had asked him for leniency in the previous case because he has some issues.

"Mr. Aponte, I told you very clearly that if I saw you again it wouldn't go well," Andreou said. "Hello. Have a nice day."