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updated: 5/17/2011 5:09 PM

Man indicted in fatal Addison crash bonds out

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  • Michael Kainz

      Michael Kainz

 

A 21-year-old Hillside man accused of driving under the influence of marijuana in a crash that killed a motorcyclist in Addison last year was released on a $25,000 bond Tuesday after spending a night in jail, authorities said.

A DuPage County grand jury indicted Michael A. Kainz, of the 300 block of Buckthorn Lane, last week on two counts of aggravated driving under the influence of drugs in the Nov. 30, 2010, crash that killed 46-year-old Robert Lash of Itasca. Authorities said Kainz surrendered about 3 p.m. Monday and was released Tuesday morning after posting 10 percent of a $250,000 bail.

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Kainz is accused of causing the fatal crash by turning his 1998 Toyota Camry in front of Lash's southbound motorcycle about 6:45 a.m. Kainz was making a left turn from northbound Addison Road onto Michael Lane. Prosecutors said he later admitted he used marijuana before the crash, and blood and urine tests confirmed the presence of the drug.

"Mr. Kainz stated that he did not see the motorcycle until he entered the intersection, at which point the motorcycle struck his car," Assistant State's Attorney Steve Knight told Judge Michael Wolfe at a bond hearing Monday. Knight said there were no traffic control devices at the intersection.

After the crash, Lash, who had not worn a helmet, was taken to Elmhurst Memorial Hospital, where he died of traumatic head injuries, authorities said. Prosecutors said a subsequent search of Kainz's home uncovered marijuana and drug paraphernalia.

If convicted, Kainz faces a mandatory prison sentence of three to 14 years in prison, unless a judge finds "extraordinary circumstances" warrant probation. Prosecutors said his driving record shows an "obvious lack of regard" for the law.

Knight said Kainz was convicted of driving 15 to 25 mph over the limit in Cook County about four months after being licensed. He picked up two additional convictions for speeding more than 15 mph over the limit in Addison Township in 2009 and 2010, court records show. Authorities said his license was suspended when he was involved in the fatal crash, about nine months after his prior speeding ticket.

Kainz's attorney was not at bond call Tuesday and has not responded to a request for comment. Kainz is due back in court June 13 before Judge Blanche Hill Fawell.

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