No prison for Downers Grove man who killed best friend in DUI
A Downers Grove man charged with aggravated DUI in a crash that killed his lifelong best friend will avoid prison.
Judge Daniel Guerin ruled Friday there were enough unusual circumstances in the case against William Decero, including Decero's character and sincere apology, to warrant not sending him to the penitentiary. Guerin said he also considered the plea by Maureen Fitzsimons, whose husband, Thomas, was killed in the September 2013 crash in Oak Brook.
During last Friday's sentencing hearing, Fitzsimons told Guerin sending Decero to prison would only add to her family's heartbreak and despair.
"It's just not an ordinary situation," Guerin said Friday. "It's not common that that's the victim impact statement I hear."
Decero faced between three and 14 years in prison, but prosecutors agreed to cap their recommendation at six years. Guerin's finding of unusual circumstances, however, allows for a probationary sentence.
Decero was sentenced Friday to four years of probation, one year of periodic imprisonment in the DuPage County jail, and 200 community service hours. He also was ordered to participate in a victim impact panel and submit to random drug and alcohol tests.
While in jail, Decero will be allowed to continue his employment and to attend counseling sessions and speaking engagements to talk about the dangers of drinking and driving.
"I think this is a balanced sentence, but I think this is going to be a very difficult year, Mr. Decero," Guerin said. "But I think keeping you under the thumb of the probation department and the court is an appropriate punishment."
Decero's attorney, Scott Marquardt, said he was grateful that Guerin found the "strength and wisdom" to find the extraordinary circumstances. Both Maureen Fitzsimons and Decero's wife, Julie, declined to comment after the ruling.
DuPage County State's Attorney Robert Berlin called the case a tragic one in which there are no winners.
"(Decero's) horrible decision to get behind the wheel after he had been drinking cost a lifelong friend his life and devastated two families," Berlin said in a written statement. "Today's sentence will never erase the pain that both of these families still feel to this day."
Prosecutors said the Deceros and Fitzsimonses attended a party together on the evening of Sept. 21, 2013, but Julie Decero and Maureen Fitzsimons left early. William Decero and Thomas Fitzsimons left a short time later and stopped at the York Tavern in Oak Brook on their way home.
From there, they went to Fitzsimons' home on the 200 block of Bonnie Brae Road in Hinsdale. Once there, they parked Decero's car and jumped in Fitzsimons' new Lexus.
Maureen said her husband enjoyed driving the car around the "loop," a scenic, curving road not far from their home. When she woke up at 2:30 a.m. and saw the garage door open and the car gone, she assumed that's where the men were. But Decero was driving.
Oak Brook police Sgt. Danny Ramirez testified Decero lost control of the vehicle, swerved off the road and crashed into a wooded area at Spring Road and Salt Creek Circle.
Decero was traveling at least 78 mph on the 25-mph road when he lost control, Ramirez testified.
Oak Brook police found both men still in the vehicle, both wearing seat belts. Fitzsimons was pronounced dead at the scene.
Decero was released from the hospital two days after the crash and was immediately taken into custody. Prosecutors said his blood-alcohol level was .139 percent. Fitzsimons' level was .224. The legal threshold is .08.
Decero was taken into custody immediately to begin serving his sentence.