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Elgin man gets 5½ years for DUI crash that killed passenger

An Elgin man was sentenced to 5½ years in prison Thursday for aggravated driving under the influence of alcohol, involving a May 13, 2017, crash that killed his passenger.

Kane County Associate Judge Alice Tracy told Joshua Hernandez, 24, that she was not impressed with what he said Wednesday, when his sentencing hearing began.

She said Hernandez spoke about his brain injury, his rehabilitation and how his family thought he might end up a "vegetable."

"What I did not hear from you yesterday was one iota of an apology or remorse to the family or friends of Stephanie Gordon (the woman killed) or Kristin Gray," Tracy said.

Gordon was 24 and lived in Elgin. She was a graduate of Larkin High School and was a former server at the Elgin Public House.

Hernandez was driving 61 to 65 mph in a 30 mph zone when he hit the car driven by Gray on State Street near Wing Street, according to police. Gray, of Oakwood Hills, suffered a broken right leg. Tracy said Gray's injuries left her permanently disfigured and caused her to lose her job.

His blood alcohol content was 0.118% at the time. The state standard for intoxication is 0.08%.

Hernandez pleaded guilty to the charges in September. In exchange, a charge of reckless homicide was dismissed.

He will have to serve at least 85% of the sentence.

Tracy also sentenced Hernandez to three years in prison on a second aggravated DUI charge for the injuries caused to Gray. He will serve that sentence at the same time as the first.

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