12-year sentence in triple-fatal DUI crash

Jan Hutchens wanted an apology from and a lengthy prison term for John Homatas, who killed her daughter, her daughter's unborn child and another man in a drunken-driving crash in 2006.

She got neither Friday.

Homatas, 26, of Wayne, received 12 years for killing April Simmons of Yorkville, her 8-month-old fetus named Addison, and his passenger, John Chiariello of St. Charles.

Homatas will serve about 10 years and three months of the sentence, according to state law.

He could have received 28 years behind bars from Judge Kathleen Kauffmann.

During Friday's hearing, Hutchens and four others testified about the impact Homatas' actions had on their lives.

"I feel like my whole life is gone and I'm just going through the motions to make it to the next day," she said, before becoming too emotional to finish reading her statement.

On her way down from the witness stand, Hutchens stopped before Homatas, who came to court in a wheelchair.

"Can you look at me please?" she asked him.

Homatas appeared to look up briefly. He did not address the court before his sentence, only confirming Hutchens' belief he's not sorry.

"I expected anybody that was remorseful to be able at that time to make a statement," she said later, adding she was "very disappointed" with the sentence.

In June, a jury deliberated less than two hours before convicting Homatas of reckless homicide and aggravated driving under the influence.

Prosecutors said Homatas had a blood-alcohol concentration of .164 and cocaine and marijuana in his system when he sped north on Route 25 near South Elgin on his way from a West Chicago strip club toward Elgin's Grand Victoria Casino on Jan. 4, 2006.

Homatas passed in a no-passing zone and slammed head-on into the 27-year-old Simmons, who was on her way home from work at the casino.

Jill Davies, Simmons' mother-in-law, said her heart aches to see her son Ryan in so much pain because he lost his wife and daughter.

"If my son had ever done this, I would have had him man up and take his punishment," Davies said.

Craig Hutchens, Simmons' stepfather, said he had no forgiveness for "the convicted person" as he glared at Homatas.

"April and Addison were killed by a cowardly and irresponsible person for the simple reason that he was in a hurry to get to the (river) boat," he said.

Ryan Simmons wrote a letter to the judge but did not address the court nor comment afterward.

First Assistant State's Attorney Clint Hull argued for a "significant" sentence. Although Homatas did not have any felony or misdemeanor convictions, Hull cited eight prior speeding tickets and Homatas' blood-alcohol level, which was more than twice the legal threshold of .08.

"This is a person who went out and got bombed," Hull said. "No matter how great of a guy he may be, he made decisions on Jan. 4, 2006, that he can't apologize his way out of."

Defense attorney Brian Barrido argued for a "reasonable" sentence, citing letters from family members and teachers that Homatas had a good heart and received an award in 2005 for helping an elderly woman who was having a heart attack at an Addison restaurant.

"John is going to suffer for the rest of his life. But he had no specific intent (to kill three people)," Barrido said.

Homatas was taken away in handcuffs after the hearing. He was ordered to pay about $19,700 for the three victims' burial expenses and other expenses.

Marty Walsh, Chiariello's brother-in-law, said he didn't expect any apology from Homatas, whose defense during his June trial was that Chiariello was the driver.

"John Chiariello being accused (of the crash) … we were never happy with it," said Walsh, adding the sentence does bring some closure for the family. "We have to live with the pain."