Guilty plea in crash that killed Fox Lake man
A 31-year-old Lake Villa woman faces up to 14 years in prison after admitting guilt Monday to allegations her drunken driving was to blame for a crash that killed a Fox Lake man last year.
Nicole M. Cerk pleaded guilty to an aggravated driving under the influence charge stemming from the Feb. 3, 2007 collision that claimed the life of 22-year-old Curtiss M. Phelan.
Clerk wept in court Monday morning as about 10 members of Phelan's family sat behind her listening to a McHenry County prosecutor recount details of the crash.
Assistant McHenry County State's Attorney Donna Kelly said Cerk's sport utility vehicle blew through a stop sign just before midnight at the intersection of Fox Lake and Broadway roads in McHenry Township and slammed into Phelan's car, causing his multiple fatal injuries. Her vehicle was traveling about 38 mph at impact, Kelly said.
Cerk later took a blood test that indicated she had a blood-alcohol level of .242 at the time of the crash, more than three times the legal threshold of .08, Kelly said. Even three hours later, Kelly said, a breath test showed Cerk's blood-level more than twice the legal threshold.
Police and rescue workers who spoke with Cerk after the crash said she admitted to them she had been drinking that night at a Johnsburg bar.
In exchange for the guilty plea, prosecutors agreed to allow Cerk to remain free on bond until her sentencing Jan. 23. The state also dismissed a second count of aggravated driving under the influence and a misdemeanor marijuana possession charge.
Cerk faces between three and 14 years in prison, with a requirement she serve at least 85 percent of the term before being eligible for parole. Her attorney, Jeffrey Altman, declined to comment.
Members of Phelan's family said they were thankful to county prosecutors for their work on the case and hoped Cerk receives the maximum 14-year sentence.
"We're glad that after all this time something substantial has happened in the case," said Phelan's sister, Diane Maddock.