Driver in '97 fatal crash going back to jail

After Randall Visor's car crashed in October 1997 -- killing three Waubonsie High School students and his passenger -- police arrived and asked him what happened.

"Am I going to jail?" a drunken Visor replied, Aurora police officer Ron Hinterlong testified on Thursday.

Visor went to prison for that crash, and he is going to jail again -- this time for about six months for driving in March 2006 through Batavia while his license was revoked.

Kane County Judge William Weir gave the 38-year-old Batavia man the maximum 364-day jail sentence for the misdemeanor offense Thursday.

"Everyone in this courtroom is required to follow the law," the judge told Visor. "You are no exception."

Visor will serve about half the term. He must surrender Oct. 12.

Prosecutors sought jail time after Visor was arrested for driving erratically, without insurance and without a license plate light on his way to work at a Montgomery factory last year.

Assistant State's Attorney Steve Sims said Visor's 1998 conviction for running a red light while drunk and causing the crash that killed students Jenni Anderson, Allison Matzdorf and Jennifer Roberts, and his passenger Ana Pryor, make him different than other motorists in traffic court.

Sims contrasted Visor's obligations to the crash victims' families with his lifestyle choices now.

Records showed Visor still has an $18,621 balance on a $27,870 restitution order to pay for funeral expenses for the three girls, and he has failed to make a monthly payment since September 2006. Visor told his probation officer he owns a $40,000 Nissan Pathfinder that requires a monthly payment of $800. He declined to disclose his income to the probation officer and lives in subsidized housing in Batavia.

"It's inappropriate," Sims said. "Many people would like to drive a $40,000 vehicle but can't afford it."

Sims also noted Visor had three battery convictions from the early 1990s, seven disciplinary cases in prison and told his probation officer in May that he drank alcohol the day before their appointment. Sims said Visor could have called another family member to take him to work or called a cab.

"Randall Visor was driving because he wanted to drive," Sims said. "Randall Visor does what Randall Visor wants to do."

Visor's attorney, Matt Downs, asked for a sentence of supervision and community service and argued it was wrong for prosecutors to seek a "pound of flesh" for what happened in 1997.

Downs said the March 2006 incident was a one-time mistake. His girlfriend, Melissa Solis, normally drove him to work, but wasn't feeling well, so he drove. He was not out partying. A lengthy jail sentence would cause him to lose his job and in turn hurt his family and kids, Downs said.

Two work supervisors from Caterpillar wrote letters, praising Visor for his work ethic and initiative in moving up from a part-time to full-time employee. Visor's father and sister testified that they regularly give him rides, he does not drink and is involved in his children's lives

"He's a good father," said Ernest Visor. "He's always with his kids."

Visor apologized and said that with two sons -- ages 12 and 4 -- his first concern was getting to work.

"The job is the first thing that was on my mind," said Visor, his voice cracking.

Afterward, Shelly Anderson, father of one of the victims, said he was satisfied with Weir's sentence. "It shows you have to obey the law," he said. "Obviously, I feel for (Visor's) family, but he has to think about things like that."