Court victory for teen driver
Prosecutors believe an 18-year-old Elgin man was guilty of first-degree murder because he said he had no reason to live and rammed his car into a building, killing his friend in the front seat instead.
But Kane County Judge Grant Wegner disagreed Friday, saying Brian Poliarny might have tried to brake before crashing into the Haegar Pottery building in East Dundee on Jan. 12.
Wegner noted a Kane County accident reconstructionist estimated Poliarny's 1994 Mazda Protege struck the wall at about 43 mph. Toni Syzmanowski, who was riding in the back seat, testified that Poliarny was driving 55 or 60 mph. Roman Pokorny, a 16-year-old junior at Dundee-Crown High School, died at the scene.
"At no time did the defendant directly threaten Pokorny or Syzmanowski," Wegner said, adding, "It appeared the defendant may have applied the brakes."
Poliarny hugged his mother after the ruling. He and other family members left the courthouse without comment.
"I think the judge reached the right result," Public Defender Dave Kliment said.
Despite being acquitted of the murder charge, which carried a 20- to 60-year prison sentence, Poliarny still could face time behind bars.
At the time of the crash, his blood alcohol concentration was 0.121, over the 0.08 legal threshold, and he had marijuana in his system, authorities say.
On Thursday, he pleaded guilty to two aggravated DUI charges, one related to Pokorny's death and the other for Syzmanowski's injuries. The felonies carry maximum prison terms of 14 and 12 years, respectively, but Wegner is not required to make Poliarny serve them consecutively. The judge also could give Poliarny probation if he proves "extraordinary circumstances."
Poliarny has been out of jail on electronic home monitoring and is due in court again on Oct. 26, at which time Wegner will set a sentencing date.
Wegner, who decided the case without a jury, leaned heavily on statements made by Syzmanowski to officers immediately after the crash, captured on a police squad car videotape.
Syzmanowski managed to climb out of the car window, despite her left leg being broken in three places. She told officers that Poliarny just slammed into the wall, but later added that a pickup truck in front of Poliarny turned right, and he tried to brake but struck the building.
Wegner viewed the tape, but it was not shown in open court. Today, Wegner said Syzmanowski's videotaped statements did not contradict each other.
Prosecutors argued that Poliarny had an argument at a friend's house and repeatedly stated he had no reason to live. Syzmanowski testified that Poliarny growled as he gripped the wheel, speeding along Elgin Avenue and driving in the wrong lane because it was "fun" and because he could. Crash experts said there were no skid marks on the street or marks in the gravel next to the building that indicated Poliarny tried to stop.
East Dundee Police Sgt. Larry Seyller testified that when he interviewed Poliarny in the hospital, Poliarny sarcastically warned him to be careful driving back to the police station and "not hit any walls."
That statement had Pokorny's father, also named Roman, muttering outside court Thursday that Poliarny has showed no remorse for his actions. The elder Pokorny was angry with Friday's verdict as well.
"I'm pretty disappointed," the father said. "I guess it shows people that if you want to kill somebody, put them in a car and you'll get away with it."