Aurora man gets 10-year prison term for DUI deaths

Five weeks before he killed two Batavia men in a high-speed drunken-driving crash, Thomas Ofenloch Jr. was arrested on charges of driving under the influence.

On Friday, Kane County Judge Timothy Q. Sheldon said he took that into consideration in sentencing the 26-year-old Aurora man to 10 years in prison.

"The defendant has a horrendous driving record, which indicates a total disregard for the law," Sheldon said. "His sorrow in court today comes too late."

Assistant State's Attorney Greg Sams said Ofenloch had a blood-alcohol level nearly twice the legal threshold and was high on marijuana on Aug. 4, 2007, when his red Nissan barreled past a stop sign at no less than 104 mph and struck a tree just north of a T intersection in Sugar Grove shortly before 3 a.m.

The crash, at Dugan and Scott roads, split Ofenloch's car down the middle and killed both of his 21-year-old passengers, Joshua Sutton and Andrew Berger of Batavia.

In a tearful statement to the court, Ofenloch apologized for his "stupid mistake," which capped a night of the three friends drinking at a party.

"I wish every day I could trade places with them and relieve everyone's pain," he said. "I'm so sorry for all of this."

Ofenloch pleaded guilty in February to two counts of aggravated DUI, a Class 2 felony, and one count of misdemeanor DUI.

At sentencing, his defense team argued he should be eligible for probation due to "extraordinary circumstances," including his abstinence from drugs and alcohol for three years and his efforts to share his story with substance abuse treatment groups.

But Sheldon said probation would only undermine two "senseless" deaths and deprecate the seriousness of Ofenloch's "obnoxious" driving record.

Since 2001, Ofenloch has been charged with speeding 15 mph or more over the limit on four separate occasions, and has also faced charges of driving on a suspended license, unlawful consumption of alcohol, improper turning, and disregarding a traffic control device.

In his DUI arrest before the fatal crash, prosecutors said, Ofenloch was pulled over when state police saw him swerving all over Interstate 90 in Cook County, forcing other drivers to change lanes.

Sams said police later found 11 open beer cans in the vehicle, and that Ofenloch said he thought he was on Interstate 88.

"He does what he wants to when he wants to," Sams said. "Tickets don't stop him."

By law, Ofenloch must serve at least 85 percent of his sentence, or 81/2 years. He was given credit for about six months served in the county jail since his guilty plea.

Outside of court Friday, parents of both victims praised Kane County authorities for their handling of the case, but said no amount of prison time would heal the sorrow of losing a son.

"A number at this point doesn't matter," Sutton's mother, Cheryl, said. "It's been a long three years and I'm glad it's finally over."

Berger's father, Alan, said he hoped the sentence would send a message to drivers.

"We're killing each other over this drunken-driving issue," he said. "Want to party? Fine. But don't get in your car. Call a cab, call a friend - walk if you have to. But don't get in your car."