Arrest in fatal accident

A 40-year-old Antioch business owner was drunk, on prescription pain killers and texting or surfing the Web when he struck and killed a pedestrian while driving his 2006 Hummer in February, prosecutors said Thursday.

David P. Maish of Spring Grove has been charged with four counts of reckless homicide in the death of Santiago Balderas, 40, of Round Lake, who was walking on Route 59 at 9 p.m. Feb. 6 when he was hit by the southbound vehicle, Assistant Lake County State’s Attorney Suzanne Willett said.

Maish is also charged with aggravated driving under the influence of alcohol, aggravated driving under the influence of alcohol over the .08 legal limit, aggravated driving under the influence of drugs, and aggravated driving under influence of a combination of alcohol and drugs, Willett said. The aggravated DUI charges are felonies that carry a maximum seven-year prison sentence. The reckless homicide charges are felonies that carry a maximum of three years behind bars.

Maish is an award-winning chef and owner of David’s Bistro at 883 Main St., in downtown Antioch, according to the restaurant’s website at davidsbistro.com. He also owned David’s Bistro in Des Plaines starting in 1997, but that location is now closed.

He was arrested without incident at his home early Thursday, Antioch Police Chief Craig Sommerville said. He appeared before circuit Judge Raymond Collins, who set bail at $250,000, of which 10 percent must be posted for release. Maish’s next court date is April 11, officials said.

Willett said Maish consented to a blood and urine sample after the Feb. 6 crash. The test results showed he had a blood alcohol content of .142, and was positive for hydrocodone, she said.

In addition, phone records show Maish was either texting, watching a video voice mail, or surfing the Web on his smartphone when Balderas was struck by the Hummer and killed, Willett said.

No citations were issued immediately after the crash, Willett said, but officials from the Major Crash Assistance Team and the Antioch Police Department continued the investigation until charges could be filed. “MCAT conducted a thorough and extensive investigation,” Willett said. “They subpoenaed phone records, did accident reconstruction, and waited for the full lab results before charges could be brought.”