Offenloch gets new judge in reckless homicide case

A 23-year-old Aurora man is shoring up his defense against accusations he killed two of his friends while driving drunk through unincorporated Sugar Grove Aug. 4.

Thomas Ofenloch Jr. successfully petitioned today to have a new judge -- Timothy Sheldon instead of Allen Anderson -- preside over a trial. Defendants are allowed to ask for a judge substitution early in their case.

Ofenloch faces charges of reckless homicide and aggravated DUI and could face 28 years if convicted. Prosecutors say he was drunk and had marijuana in his system when his 2007 Nissan Sentra slammed into a tree.

The crash split the car in half, killing passengers Joshua Sutton and Andrew Berger, both 21 and 2004 Batavia High graduates.

Ofenloch is expected to make a full recovery and he is free on bond.

Kenneth Johnson, one of two attorneys working to defend Ofenloch, also plans next week to argue for a gag order in the case.

"We believe it's important to preserve Mr. Ofenloch's right to a fair trial," Johnson said. "If information is prematurely released, individuals reading newspapers will form opinions on the case."

Johnson would not specify what type of information Ofenloch was concerned about.

A search warrant filed this week indicates authorities obtained a blood sample from Ofenloch after the crash that showed his blood alcohol content at .176, more than twice the legal threshold. The warrant also said Ofenloch initially told responding officers he was driving the car, but he later recanted his statement.

A witness also told officers he believed Ofenloch was the driver of car, stating his legs and feet were still in the driver's area of the floorboard after the crash, according to the warrant.

Prosecutor Greg Sams said he hasn't seen the gag order request, but he dismissed any notion of a "leak."

"Everything's a public record (available at the circuit clerk's office)," Sams said. "There's no one from our office or law enforcement that has released anything improperly."