Judge OKs more lenient bond terms
A judge Thursday eased a bond restriction for a 23-year-old Aurora man accused of killing his two passengers in a drunken-driving accident.
Thomas Ofenloch Jr. faces up to 28 years in prison if convicted of reckless homicide and aggravated driving under the influence in an Aug. 4 crash near Sugar Grove that killed Joshua Sutton and Andrew Berger. Both were 21 and 2004 Batavia High graduates.
Prosecutors said Ofenloch had a blood-alcohol content of .176 and marijuana in his system when he crashed his Nissan Sentra into a tree.
Ofenloch has been free on $35,000 bond, is on electronic home monitoring, and one of his parents was required to be with him at all times.
Attorney J. Brick Van Der Snick asked to have the last condition changed.
"He has completed 102 days without any violations. That shows he's responsible," said Van Der Snick, who argued the requirement one parent be with their son at all times was unusual. "We respectfully believe things have changed. He's not a flight risk."
Judge Timothy Sheldon granted a request to allow a "responsible adult" to supervise Ofenloch at his parents' home so the parents could attend a wedding, a Las Vegas business trip, drive their daughter to and from college and to care for Ofenloch's 84-year-old grandmother.
Sheldon said he preferred the adult be one of Ofenloch's aunts or uncles. "Thomas' mother and father are entitled to have some type of life," Sheldon said.
Authorities believe Ofenloch and Berger were at a large party prior to the accident at a residence on West Park Avenue in Sugar Grove owned by David Paul Hilger.
Hilger, 43, was charged with delivery of alcohol to a minor and permitting a minor to become intoxicated, both misdemeanors. He is due in court today for a hearing and has demanded a speedy trial.
Overall, four minors were cited for drinking, and police called taxis for some adults who were unable to drive home. Ofenloch and Berger told officers they were going to stay overnight at Hilger's townhouse and would not drive home, police said.
Ofenloch is due in court next Jan. 24.