Victim's family tells Antioch restaurant owner to 'honor' the man he killed
On Feb. 6, Antioch restaurant owner David Maish was driving drunk when he crashed into Santiago “Jimmy” Balderas and killed him.
On Tuesday, Balderas' family told Maish to show their late relative the respect he deserves.
Maish, 40, entered a negotiated plea of guilty to reckless homicide and DUI in the crash on Route 59 — a plea that a prosecutor said was endorsed by a family “seeking justice, but has compassion for the defendant and his family.”
Maish, the award-winning chef and owner of David's Bistro in Antioch, was behind the wheel of his 2006 Hummer when it struck Balderas, 40, of Round Lake, just after 9 p.m. as Balderas walked in the middle of Route 59.
Tests showed Maish had a blood-alcohol level of .142 percent at the time and was under the influence of prescription painkillers.
An investigation by the Lake County Major Crash Assistance Team also showed Maish was composing or receiving a text message on his cellphone at the time of the crash.
The investigation also showed Maish had sufficient time to see Balderas and avoid hitting him, but there were no skid marks or other indications Maish had done so.
He was originally charged with aggravated driving under the influence and reckless homicide, but Assistant State's Attorney Suzanne Willett agreed to reduce the most serious charge of aggravated DUI in exchange for Maish's guilty plea.
She did so, Willett told Circuit Judge Daniel Shanes, because Balderas' family wanted to reach out to Maish.
“The (Balderas) family understands that Mr. Maish is a family man, has a child and is involved in his church,” Willet said. “They are a family that is seeking justice, but has compassion for the defendant and his family.”
Albert Balderas, the victim's brother, said in his victim impact statement that his brother left behind a 19-year-old son and two daughters, ages 17 and 10.
Albert Balderas also said he and his relatives understood Maish had entered alcohol treatment immediately after the crash and had shown real remorse for his actions.
“The truth is that Jimmy is gone and nothing will ever bring him back,” Albert said in his statement. “So if there is a silver lining in this it will have to come from David's sincere effort to make amends for the life he took.
“Be sincere in your effort, not because some court has ordered you to make the effort, but because you want to honor the man you have taken from his family.”
In his own statement, Maish tearfully apologized to the 10 members of Balderas' family present in the courtroom and said he is dedicated to his alcohol treatment and psychological therapy.
“I have nightmares; I still see the accident,” Maish said. “I am so very sorry for what I have done, and I pray everyday that we can all get through this.”
Shanes approved a sentence for Maish that will have him in jail for 18 months when he is not working or going to treatment and requires him to serve 30 months on probation.
Maish must also make a $2,000 contribution to the Alliance Against Intoxicated Motorists, pay $10,000 for Balderas' funeral expenses and perform 240 hours of public service.
Shanes said he was accepting the negotiation because he could see the effect on Maish and the Balderas family.
“I can see how much this has impacted you because it is written all over you,” Shanes told Maish. “It will probably impact you the rest of your life, but at least you have a rest of your life.”