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updated: 7/18/2013 6:35 PM

No change in sentence for Bartlett man in fatal Chain O' Lakes boating crash

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  • David Hatyina

    David Hatyina


A judge has denied the request of a Bartlett man to reduce the 10-year prison sentence he received for killing a Libertyville boy in a drug- and alcohol-related boating crash on the Chain O' Lakes.

Kane County Judge Clint Hull refused to reconsider the sentence given to David Hatyina, 51, in June during a highly publicized, two-day, court hearing.

Members of both families attended Thursday's hearing, but neither side commented after the ruling.

Hatyina was sentenced to 10 years for running over and killing 10-year-old Tony Borcia with a 29-foot speed boat named "Purple Haze" on July 28, 2012.

Hatyina had pleaded guilty in May to a single count of aggravated driving under the influence of drugs and alcohol.

Hatyina was initially charged with five counts of aggravated operating a watercraft under the influence of alcohol and drugs that resulted in death, and four counts of reckless homicide after the crash. Those charges were dropped as part of the plea agreement.

By law, he is required to serve at least 85 percent of his sentence.

Tony Borcia and his sister, Erin, were riding on an inner tube when a wave caused Tony to fall into the water.

His father, Jim, turned the boat around to pick up his son, but authorities said Hatyina's boat ran over Tony, even though the boy was wearing a reflective life jacket and waving his arms frantically.

Illinois Conservation Police investigators determined Hatyina had a blood alcohol content of between .09 and .12 percent before the crash. Blood tests also revealed Hatyina had cocaine in his system.

During the sentencing, Hatyina admitted fault and said he was sorry for the pain he caused the Borcia family.

It's unknown if Hatyina will appeal his sentence to the Illinois Appellate Court.

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