Trial begins for driver in fatal Lisle crash
The crash that killed a Naperville woman who was crossing the street in July 2011 was unavoidable, says the attorney for a Lisle man charged with aggravated driving under the influence.
The bench trial began Tuesday for James D. Kisla, 55, who faces charges connected to the crash that occurred just moments after Lisle's annual Eyes to the Skies fireworks show ended on July 3, 2011.
Kisla's attorney, Don Ramsell, told Judge George Bakalis that the three light beers Kisla had between 9 and 10:15 p.m. on July 3 had no effect on Kisla's ability to avoid hitting 69-year-old Donna Early as she walked in front of his 2006 Dodge minivan on a dark portion of Yackley Avenue near Ohio Street.
Ramsell said he plans to call an accident reconstructionist who he said will testify it "was not possible for any average driver to have avoided the accident."
William Early, now of Colorado, testified he and his wife Donna were walking home to Naperville's Steeple Run subdivision after watching the fireworks display from nearby Community Park.
Early said he suggested the couple cross about 300 feet south of the intersection at Yackley and Ohio, where police were controlling the crosswalks, because it was a straight shot to their home.
"It just looked like a good place to cross. There was plenty of room, in my opinion, to cross the street there," Early said. "I was the one who made the decision to cross the street."
Early said he saw headlights "at the top of the rise" but thought they had time to make it across the northbound lanes to the center median.
"I got to the center and I turned around and looked," Early said. "I heard a grunt and a thud and I saw Donna was hit and had been thrown down the road."
William Movello, 37, of Lisle, testified he was driving south on Yackley and was slowly approaching the intersection at Ohio Street because he knew the festival had just let out and crowds would be crossing.
"I was about 200 feet away when I saw a bag and a folding chair flip into the air," Movello said. "By the time I stopped, I saw a woman's body in the middle of the road and a man was standing over her."
Lisle police officer Derice Pavoris testified she briefly interviewed Kisla following the crash before another officer intervened, but she did not believe Kisla was intoxicated.
"He told me he had three beers while watching the fireworks," Derice said. "His speech was not impaired. I did not notice any obvious signs of impairment."
Test results showed Kisla had a 0.089 blood alcohol content - a fraction over the legal threshold - following the crash.
The bench trial resumes at 10 a.m. Wednesday and is expected to last about two weeks. If convicted, Kisla could be sentenced to between three and seven years in prison, prosecutors said.