Judge upholds prison for man in fatal DUI case

A Mount Prospect man's five-year prison sentence for driving drunk and killing 15-year-old Monika Skrzypkowski will stand, a judge ruled Wednesday.

Kevin Schuh, 18, threw himself on the mercy of the court in January when he pleaded guilty to the two most serious charges of aggravated DUI causing death or great bodily harm and failure to report an accident involving a death or injury. Schuh was driving on Dec. 6, 2008, when his car hit Skrzypkowski, of Arlington Heights, as she was walking in Prospect Heights.

A month later, Cook County Circuit Court Judge John Scotillo sentenced Schuh to five years in prison for aggravated DUI followed by 36 months probation for failure to report an accident. The sentences must be served consecutively.

At sentencing, Scotillo said he considered aggravated DUI causing a death - a class 2 felony punishable by three to 14 years in prison - as the more serious crime. He acknowledged the legislature takes a different view, categorizing failure to report an accident involving a death or injury as a class 1 felony - a more serious designation - punishable by four to 15 years in prison.

Those incongruities were among the factors defense attorney Barry Sheppard cited in asking the court to reconsider its decision. Sheppard pointed out that Schuh - who he described as a model inmate - must complete 85 percent of his sentence on the class 2 felony before he's eligible for parole. Had Schuh received a five-year sentence for the class 1 felony, he would have been eligible for day-for-day or good time credit which could make him eligible for parole after serving 50 percent of his sentence.

Meanwhile, Schuh also can't take advantage counseling services under the current sentence because all of the spots are filled by inmates eligible for good time credit.

Sheppard asked the court to exercise its discretion and resentence Schuh, who visibly limped as he entered the courtroom.

His arguments did not sway Scotillo.

"I gave a good deal of thought to the sentence because this was a very serious matter," said Scotillo, who acknowledged the legislature has sent conflicting signals as to which is the more serious crime.

In the end, it did not change his mind. "If it was up to me, Kevin Schuh would serve every day of his five-year sentence," Scotillo said.