Kane County judge to hear fatal boat case
Updated: October 12, 2012 6:11AM
A judge from Kane County was brought in Monday to preside over the case of the Bartlett man accused of being drunk and high on cocaine when he allegedly ran over a 10-year-old boy with his boat.
Kane County Associate Judge Clint Hull, assigned to Kane County’s felony and special court division, heard David Hatyina’s arraignment plea Monday.
None of the attorneys in the case requested the change in judges, according to Lake County Assistant State’s Attorney Ari Fisz.
However, Lake County Associate Judge Raymond Collins is the uncle of Tony Borcia of Libertyville, the boy who was killed in July on Petite Lake.
Hatyina, 50, pleaded not guilty to aggravated DUI causing death and reckless homicide charges through his attorney Jim Ryan, who filed his appearance Monday.
If convicted, aggravated DUI is punishable by three to 14 years in prison, Fisz said. It also is probationable.
Hatyina could also face an extendable term of seven to 14 years in prison if the judge finds it appropriate, Fisz said.
Hatyina faces two to five years in prison or probation for the reckless homicide counts.
If the judge finds it appropriate, that sentence could be extended from five to 10 years.
Hull also signed an order that Hatyina must have a land line installed in his residence.
Hatyina is out on $1 million bond. He is under a 6 p.m. to 6 a.m. curfew, is not to have alcohol or drugs and is not to operate a boat. He also has surrendered his passport.
He is not on an electronic home monitoring device and has been checking in with pretrial bond services with his cellphone, Fisz said. Hatyina could be calling from anywhere and not from home where he is supposed to be, the prosecutor argued.
There was no report Monday that Hatyina had not been in compliance with his bond conditions.
Hatyina is accused of operating a speed boat while under the influence of alcohol and cocaine July 28 when he allegedly ran over the Libertyville boy on the Lake Villa area lake.
Several members of the Borcia family were in court for Hatyina’s arraignment. One wore a pin with the youngster’s picture on it.
Hatyina is due back in court Oct. 24.