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updated: 10/24/2012 3:09 PM

Defense wants new prosecutors in boating death case

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  • David Hatyina

      David Hatyina

 
 

Attorneys for a man accused of being intoxicated when he struck and killed a 10-year-old Libertyville boy on the Chain O' Lakes has asked that Lake County prosecutors be removed from the case due to a conflict of interest.

Attorneys for David Hatyina, 50, of Bartlett, said new prosecutors should be brought in to ensure a fair trial because the victim, Tony Borcia, is related to Lake County Judge Raymond Collins, Lake County Assistant State's Attorney Fred Day said Wednesday.

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Day also said one of Borcia's uncles once worked as a prosecutor with the state's attorney's office.

Both sides are expected to argue the point during a hearing in front of Kane County Judge Clint Hull on Nov. 20. Hull was brought in to try the case because of Collins' relationship with Borcia.

Hatyina remains free on $1 million bond after being charged with four counts of reckless homicide and five counts of aggravated operating a watercraft under the influence following the Petite Lake accident on July 28.

Hatyina is accused of having alcohol and cocaine in his system prior to striking Borcia with his 29-foot Baja speed boat. Borcia and his 12-year-old sister were in the water after falling off an inner tube.

Illinois Conservation Police investigators determined through blood samples that Hatyina had taken cocaine before the crash, authorities said. Blood tests later revealed he had a blood alcohol content of between .09 percent and .128 percent at the time of the crash, authorities said.

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

Hatyina and his attorneys did not comment after Wednesday's hearing.

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