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updated: 8/14/2012 8:48 PM

Bartlett man charged in death of Libertyville boy on Petite Lake

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  • Tony Borcia

      Tony Borcia

  • David Hatyina

      David Hatyina

 
 

A Bartlett man is accused of having alcohol and cocaine in his system when he struck and killed a 10-year-old boy in a boating accident on Petite Lake in July, authorities said Tuesday.

David Hatyina, 50, has been charged with five counts of aggravated driving under the influence of alcohol that resulted in death, and two counts of reckless homicide in the July 28 death of Tony Borcia of Libertyville, Lake County Assistant State's Attorney Ari Fisz said.

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Hatyina is held in Lake County jail in lieu of $1 million bail, of which he must post 10 percent to be released on bond, Fisz said.

About 10 people from Borcia's family -- all wearing buttons bearing the boy's picture -- were there when the bail was set for Hatyina. They collectively gasped after the amount was announced, before somberly walking out of bond court early Tuesday.

"Our beloved 10-year-old baby boy, Tony Borcia, was at one moment enjoying a fun-filled afternoon with his family, smiling, laughing and having the time of his life," the family said in a written statement released after the hearing. "The next moment, he was taken from us forever."

Fisz said in bond court that Hatyina was spotted by witnesses speeding and driving recklessly, causing near-accidents on Petite Lake and the Chain O' Lakes before striking the boy.

Fisz said Borcia and his 12-year-old sister were riding on a tube towed by a boat driven by his father about 4:35 p.m. when a wave caused the boy to fall into the water.

Borcia's father immediately turned the boat to pick up his son, but Tony's 18- and 15-year-old siblings noticed Hatyina's 29-foot Baja speed boat bearing down on the boy, Fisz said.

Fisz said the family members attempted to wave to Hatyina to get his attention, but Hatyina never saw them and ran over the boy with the boat, killing him.

Investigators from the Illinois Conservation Police investigated, and it was determined through blood samples that Hatyina had taken cocaine the day before the accident, Fisz said. Blood tests also taken after the accident show the Bartlett man had a blood alcohol content of between .09 percent and .128 percent at the time of the crash.

Hatyina was on the boat with a female passenger at the time of the crash, Fisz said, and added that both have been cooperative with police.

He said Hatyina and the unidentified female gave statements to police after the accident. The female passenger is not charged with any crimes.

Hatyina was arrested at O'Hare International Airport Monday evening after returning from Cancun, Mexico, Fisz said. Fisz said it was unknown why Hatyina was in Mexico, but added he was sure Hatyina was not trying to flee the law.

Hatyina has never been convicted of a crime or charged with any drug- or alcohol-related offense, Fisz said.

A search warrant was obtained and about 25 pieces of evidence were taken from the man's Baja speed boat, Fisz said.

Hatyina is due back in court Sept. 10 for arraignment unless additional charges are filed against him.

If Hatyina posts bail, he must refrain from using alcohol and drugs, submit to random drug tests, and surrender his passport. He also is not allowed to leave the state of Illinois or operate a boat of any kind.

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