4 years for Roselle man who killed wife in DUI crash

A DuPage County judge revoked a former Roselle man's probation Tuesday and sentenced him to four years in prison for a drunken 2004 crash that killed the man's wife.

Walter McNally, 36, who now lives in Elgin, will have to serve at least 85 percent of the sentence, which amounts to almost three years and five months. He will receive credit for 121 days he's served in the DuPage County jail.

McNally pleaded guilty to aggravated drunken driving in late 2007 and was sentenced to three years probation in January 2008 by a former judge who said McNally's toughest sentence was living with the knowledge that he had killed the mother of his four children.

However, McNally was arrested on charges of domestic battery against his then-girlfriend in October 2009, and prosecutors sought to have him resentenced for violating the terms of his probation.

McNally's attorney, James Chesloe, argued that McNally was an alcoholic who had one relapse and had taken steps to correct the mistake by going to rehab and attending Alcoholics Anonymous meetings five to six times a week. Chesloe blamed the two Roselle police officers who responded to McNally's house three times the day of his arrest for the escalation of the incident. He said the officers should have removed either McNally or the girlfriend after the first visit.

Officer Rachel Berk said she and her partner responded to a 911 call about the couple fighting. When they arrived at McNally's house they found a drunken McNally screaming expletives at the woman and a broken wine glass on the living room floor. Berk said the couple told the officers that they would calm down, but as they were leaving the officers heard McNally begin screaming at the girlfriend again. This time they ordered McNally to find another place to sleep for the night and McNally agreed to sleep at his brother's house a few blocks away.

Minutes after police dropped McNally off at his brother's house, they received a call that McNally had returned to his house and was fighting with the girlfriend again. Berk and her partner returned and arrested him. Berk testified that McNally initially refused to get into a squad car and called the officers offensive names. He was arrested and charged with domestic battery and resisting arrest.

During subsequent court hearings it was learned that McNally's oldest son was in the house at the time of the fight with the girlfriend and had tried to call someone for help. But McNally took a phone out of the young boy's hand and shoved him in a room.

Judge John Kinsella said that aspect of the story “disturbed him the most.

“The one thing that stuck with me is the image of you being drunk in front of your son, Kinsella said. “The person who killed his mother.

All four of McNally's children are under the care of McNally's mother, who gained legal guardianship because she feared McNally couldn't care for the children. She also sought an order of protection against her son following his arrest in 2009, though she testified on his behalf Tuesday about how he was working to overcome his addictions.

She told Kinsella that her son sees his children about twice a week and will give her money for their care from funds he received from an insurance policy following his wife's death.

Assistant State's Attorney Mike Pawl urged Judge John Kinsella to sentence McNally to prison rather than extend the “gift of probation that former Judge Mark Dwyer had handed McNally. Pawl sought 10 years.

“After Judge Dwyer gives him the gift of probation, what do we find out he's doing? Pawl asked. “He abuses prescription drugs and there's evidence he's abusing alcohol. He's collecting disability, and, in addition, he gets money for the death of the wife he killed. That's outrageous. That money should be given to his kids.

McNally pleaded for probation, saying that the day of his arrest was a one-time “fall. He is receiving therapy to deal with issues from his past.

“I realize I'm just not a total piece of garbage now, McNally told Kinsella. “There are some things I never dealt with from the past that I'm working on. I know I'm on the right track now.