Authorities say driver and passengers were drunk

Prosecutors believe Thomas Ofenloch Jr. was drunk and high on marijuana when he crashed his car into a tree near Sugar Grove on Aug. 4.

It turns out his passengers -- both of whom were killed -- also were above the .08 legal threshold for intoxication and had pot in their systems, according to toxicology results released during a Kane County coroner's inquest Wednesday.

Andrew Berger, 21, had a blood-alcohol content of .13 and Joshua Sutton, also 21, had a BAC of .20, Deputy Coroner Lisa Gilbert testified.

The coroner's jury ruled their deaths reckless homicide.

Ofenloch, 23, of Aurora, has been charged with four counts each of aggravated DUI and reckless homicide. If convicted, he faces up to 28 years in prison.

Meanwhile, authorities recently executed a search warrant on Ofenloch's 2007 Nissan Sentra -- which Kane County Sheriff's Detective Steve Reitmeyer testified Wednesday was in shambles after impact.

"It almost looked like it was cut right down the middle," he said.

Berger, who was in the front seat, was thrown from the car about 20 feet and was dead when rescue crews arrived.

Sutton was in the back and wearing his seat belt but died of head injuries.

Both graduated from Batavia High School in 2004.

The warrant said Ofenloch told responding officers that he was the car's driver.

"A short time later, he recanted that statement, saying he was not the driver of the car," the warrant said.

Authorities said they obtained a blood sample taken from him at the hospital that shows his BAC at .176.

Family members of Sutton and Berger attended Wednesday's inquest. The Suttons declined to comment afterward.

Berger's father, Alan, declined to comment on what penalty Ofenloch should face. But Berger added he was impressed with how he has been treated by Coroner Chuck West and his staff since the crash.

"I was amazed at how compassionate and professional they were," Berger said.

Ofenloch is free on bond and next due in court Friday.

The night of the crash, Ofenloch and others were at a party in Sugar Grove that was broken up by police. Police said Ofenloch promised them he would spend the night and not leave the house.

Ofenloch also has a pending DUI case stemming from a traffic stop June 29 in Chicago.