A judge has denied a motion to erase the plea deal for a Bartlett man serving a 10-year prison sentence for killing a Libertyville boy with a boat in 2012.
Kane County Judge Clint Hull ruled Thursday that David Hatyina, 52, did not meet the criteria required by law to reverse his May 2013 guilty plea for aggravated driving under the influence of a combination of alcohol and drugs that resulted in death.
Cocaine and alcohol were found in Hatyina's system after he struck and killed Tony Borcia with a boat on the Chain O' Lakes in July 2012. Hatyina was sentenced to 10 years in prison by Hull about one year ago.
Investigators from the Illinois Conservation Police determined through blood samples and mathematical equations that Hatyina had a blood alcohol content of between .09 percent and .12 percent at the time of the crash.
Defense attorney Jack Donohue of Naperville argued in court Thursday the mathematical equation used to determine Hatyina's BAC was flawed, and Hatyina would not have pleaded guilty had he known that.
Hull ruled Hatyina accepted guilt for having a combination of drugs and alcohol in his system. Therefore, the equation was not necessary, he explained.
Donohue indicated he would appeal the decision and the length of Hatyina's sentence.
Tony Borcia and his sister, Erin, were riding on an inner tube towed by a boat operated by their father, Jim, when a wave caused Tony to fall into the water. As the father turned the boat to pick up his son, authorities said, Hatyina's 29-foot Baja ran over Tony, even though he was wearing a reflective life jacket and waving his arms frantically.
Hull was brought in from Kane County to oversee the case because of Borcia's family ties to the Lake County judicial system.