Publications & Sites 
Judge: Lake County can prosecute fatal boating case
David Hatyina
Updated: November 20, 2012 6:16PM
A Kane County judge refused to stop the Lake County State’s Attorney’s Office from prosecuting the Bartlett man accused of being drunk and high when he allegedly killed a 10-year-old Libertyville boy.
David Hatyina was before Kane County Associate Judge Clint Hull on Tuesday when his attorney Jack Donahue asked to disqualify the state’s attorney’s office from prosecuting his client and hand prosecution of the case to the Illinois Attorney General’s Office.
His request was based on the “possibility of the appearance of impropriety.”
Libertyville boy Tony Borcia fell off an inner tube at Petite Lake in the Lake Villa area on July 28. Hatyina was allegedly under the influence of both cocaine and alcohol when he ran over the boy with his boat.
He has pleaded not guilty to charges of aggravated driving under the influence and reckless homicide.
Donahue alleged the “appearance of impropriety” because Tony is the nephew of a Lake County associate judge and is related to a “very reputable and powerful law firm in Lake County,” according to the motion. The judge and law firm were not named in court documents or in court.
“Our position is if the court system ... needs an out-of-county judge, it’s the same rationale with the State’s Attorney,” Donahue said.
Because a Lake County judge is related to the victim, a Kane County judge was brought in to preside over the case to eliminate any appearance of impropriety, Assistant State’s Attorney Ari Fisz said.
“It has been four months since this has occurred. I would say the victim’s family trusts, and are comfortable, with us prosecuting the case. It would obviously take an emotional toll on the family (to assign new prosecutors),” Fisz said.
Hull said there was no evidence of any impropriety. There is no relationship between the State’s Attorney’s Office and the victim’s family, he said.
“The appearance (of impropriety) has been removed because an out-of-county judge was brought in,” Hull said.
A trial date was set for April 22, 2013.
Hatyina is due back in court Dec. 20. He remains free on $1 million bond.
