DuPage County Judge Brian Telander said he believes Omar Montoya-Medina is "truly sorry" for causing the fiery crash that killed Antonio Alvarez, but also termed Montoya-Medina's actions late on Dec. 5, 2014, "outrageous."
Telander on Monday sentenced Montoya-Medina, 32, of West Chicago, to five years in prison. Montoya-Medina was convicted last month of aggravated DUI and reckless homicide.
Crash reconstruction experts testified during trial that, based on a series of algorithms and formulas, Medina was traveling up to 110 mph when he slammed his brother-in-law's Volkswagen Passat into a white Honda Accord driven by Alvarez at Route 59 and Gary's Mill Road in West Chicago.
Alvarez, 37, of Warrenville, was attempting to turn left onto Route 59 from westbound Gary's Mill. Experts said the same formulas show Alvarez was traveling about 12 mph when he was struck.
Alvarez had one child and his wife was 9 months pregnant with their second child when he was killed.
Assistant State's Attorney Demetri Demopoulos said Medina's blood-alcohol concentration was .16 one hour after the crash.
"Once again, drinking and driving has destroyed a family. Antonio Alvarez did not have to die," Demopolous said as he asked Telander to sentence Montoya-Medina to 10 years in prison. "(Alvarez's) body was burned so badly that his family could not give him an open-casket funeral."
According to the medical examiner's report, Alvarez also suffered fractures to his skull, ribs and pelvis in addition to lacerations on his heart, lungs, spleen and kidneys.
Prior to being sentenced, Montoya-Medina begged, through a translator, for forgiveness from Alvarez's family members who traveled from Mexico for the sentencing.
"I'm sorry for everything that happened," he said. "I ask for forgiveness from the family. I know I can't return the life of your son and family member. But this has also affected me greatly."
Medina has been held on $500,000 bail since his arrest. He receives credit for the 842 days he has been in custody in DuPage County jail. He must serve 85 percent of the sentence and has just less than two years remaining on his sentence before he is eligible for parole.