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updated: 9/10/2012 12:40 PM

Bartlett man pleads not guilty in fatal boating crash on Petite Lake

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  • David Hatyina

      David Hatyina

  • Tony Borcia

      Tony Borcia

 
 

A Bartlett man pleaded not guilty to charges in the alcohol-related boating crash that killed a 10-year-old Libertyville boy, during an arraignment hearing Monday in Lake County court.

David Hatyina, 50, remains free on $1 million bond in the death of Tony Borcia. He is charged with 5 counts of aggravated operating a watercraft under the influence of alcohol that resulted in death and four counts of reckless homicide, Lake County Assistant States Attorney Ari Fisz said.

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If found guilty on the most serious charges, Hatyina could be sentenced to up to 14 years, Fisz said.

The trial will be in front of Kane County Judge Clint Hull, Fisz said. Hull was brought in to try the case because a Lake County judge is related to the victim's family.

"I don't know who asked (Hull) to step in," Fisz said after the trial. "But, it was because a judge in Lake County is the uncle of Tony, so there's some potential conflicts of interest."

Hatyina's bond calls for him to adhere to a daily curfew of 6 p.m. until 6 a.m. He has also surrendered his passport, is not allowed to consume alcohol or drugs, and is not allowed to operate a boat of any kind, Fisz said.

In exchange, Hatyina is not forced to wear a monitoring device while free on bond, Fisz said.

Family members of the boy wept openly in court Monday. None of the dozen Borcia family members would not comment after the arraignment hearing.

Hatyina is accused of having alcohol and cocaine in his system while operating a boat that struck and killed Borcia on Petite Lake on July 28, authorities said.

The fatal crash occurred when Borcia and his 12-year-old sister were riding on an inner tube towed by a boat operated by his father, Jim Borcia, about 4:35 p.m.

A wave caused the boy to fall into the water and Borcia's father immediately turned the boat to pick up his son, Fisz said. Family members saw Hatyina's 29-foot Baja speed boat bearing down on the boy and waved to try to alert the boat operator. However, the boat ran over Borcia, killing him at the scene, officials said.

Investigators from the Illinois Conservation Police determined through blood samples that Hatyina had taken cocaine before the crash, Fisz said. Blood tests revealed he also had a blood alcohol content of between .09 percent and .128 percent -- above the legal limit -- at the time of the crash.

This is the second time Hatyina has been accused of operating a watercraft while intoxicated. Hatyina was convicted in 1996 of OUI on the Chain O' Lakes.

Hatyina and his attorneys did not comment Monday.

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