Restrictions stand for DUI suspect
A Kane County judge Friday refused to ease bond conditions placed on a 23-year-old Aurora man accused of driving drunk and killing his two friends.
Citing Thomas Ofenloch Jr.'s lengthy traffic record, including an incident in which he was clocked at more than 30 mph over the speed limit, Judge Tim Sheldon denied a request that Ofenloch be able to stay at home unsupervised, be able to take the train to work by himself, or ride in a car pool.
"He's been on the verge of killing himself or others with his speed from the time he got his license," Sheldon said.
Ofenloch faces charges of reckless homicide and aggravated DUI stemming from an Aug. 4 crash that killed Joshua Sutton and Andrew Berger, both 21 and 2004 Batavia High School graduates.
Ofenloch pleaded not guilty Friday. If convicted, he faces up to 28 years in prison for the deaths of Berger and Sutton.
Prosecutors say Ofenloch had a blood alcohol content of .176 -- more than twice the legal threshold -- and had marijuana in his system when he crashed his 2007 Nissan Sentra into a tree near Sugar Grove.
Ofenloch is expected to make a full recovery. He's been on electronic home monitoring since posting $35,000 bond, and one of his parents also is required to be with him at all times.
Assistant State's Attorney Greg Sams said Ofenloch also was arrested June 29 for DUI by Illinois State Police along Interstate 90 after his car was observed speeding, tailgating and changing more than two lanes at once without a signal.
When the state trooper approached the car, Ofenloch said they were on their way back from a Cubs game and that he was "OK to drive." The trooper also found two of Ofenloch's friends in the back seat with a cooler and two open beers. Ofenloch's blood alcohol measured at .153 at the time, Sams said.
When Ofenloch was in the back seat of the trooper's car, he called a friend and asked him to come out to Interstate 88 and Interstate 290 to drive his car home. The trooper told Ofenloch he was nowhere near that location, and Ofenloch replied, "Oh my God, I don't know how I got here," Sams said.
Defense attorney Kenneth Johnson argued Ofenloch is not a flight risk and the requirement one of his parents be with him at all times prevents them from enjoying outings as a couple.
Sheldon also denied a request from Johnson to place a gag order on the state's attorney's office and all law enforcement agencies involved in the case.
"I feel confident Mr. Ofenloch will get a fair trial," the judge said.