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Driver in car surfing death gets six months in prison

A Schaumburg man who initially faced serious time for his part in a car surfing accident that killed his friend, has pleaded guilty to a lesser charge, a move that means he'll probably be out of prison in time for Thanksgiving.

On Monday, Stephen D. Gallagher, 20, pleaded guilty to a misdemeanor charge of reckless driving that could have put him in prison for up to a year.

But as part of his negotiated sentence, Gallagher will serve 180 days, plus two years of probation, pay a $500 fine plus court costs and comply with any treatment his probation recommends, said his attorney, V. Mary Baccam.

McHenry County Judge Sharon Prather accepted the plea agreement reached between both parties and Gallagher began serving time on Monday.

Police say that Gallagher, of the 1800 block of Hemlock Place, had been driving his 2002 Chevrolet Impala around 11:30 p.m. June 30 at a Wal-Mart parking lot on the 1200 block of Route 31 in Crystal Lake.

While the car moved, 20-year-old Austin Watts stood on the Impala's roof, attempting to car surf, police said. Watts, of Hoffman Estates, tumbled to the ground and his head hit the pavement, police said.

A police investigation found Watts had been riding on the rooftops of two vehicles before he fell from Gallagher's car,

Watts died two days later at Centegra Northern Illinois Medical Center in McHenry.

Gallagher, who has no criminal background, was eventually charged with involuntary manslaughter and aggravated reckless driving, both felonies. The manslaughter charge would have kept him in prison for two to five years, while he could have spent between one and three years in prison on the felony reckless driving charge.

The plea deal Gallagher took means he'll be out of prison by late November. Baccam said the outcome was respectful for all sides and involved input from the Watts family.

"This was a tragedy all around, and believe me, what happened last year weighed very heavily on (Gallagher's) soul," Baccam said. "And I don't think it was an easy situation for anyone involved."

McHenry County Assistant State's Attorney Dave Johnston could not be reached for comment Monday.

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