‘A shock wave through our community’: Fatal crash raising questions about boat safety

Over decades of living, working and boating along the Fox River between Algonquin and McHenry, Michael Haber and Bonnie Miske have seen and heard a lot.

But nothing like the crash July 25, south of the McHenry Dam, that took the life of 48-year-old Magdalena Jablonska of Des Plaines.

Jablonska, a U.S. Marine Corps veteran, was a passenger in a boat driven by her fiance, Alan Telmini. They were in a no-wake zone when a pontoon with three, 500-horsepower engines going 80 mph went up and over the smaller boat, decapitating her and injuring Telmini.

“What happened that day is the first time we’ve ever seen anybody go that speed on the lower river,” said Miske, describing a video they saw of the pontoon whiz by.

“It sent a shock wave through our community,” she added. “There’s nobody who lives here or is part of the boating community that hasn’t been affected by this.”

Lisle resident Richard M. Stevenson, 45, faces charges of aggravated driving under the influence causing death and reckless homicide in McHenry County court. A wrongful-death lawsuit also has been filed.

During a news conference Thursday announcing the wrongful death suit, Telmini said he'd be in favor of any laws that would help “everybody keep safe out there and enjoy the day on the river.”

The crash has made the possibility of imposing speed limits, expanding no-wake zones or other measures to improve safety a hot topic.

State Sen. Craig Wilcox, whose 32nd District includes McHenry, emphasized the public has been very active with ideas, including on social media.

“There’s enough concern,” the McHenry Republican said. “People are looking for something to be done.”

Wilcox said he’s spoken with other legislators representing the area and anticipates a proposal may be forthcoming.

“This was no accident; it was completely avoidable, and my staff and I have already begun to look into what we can do to make boating safer for everyone and are seeking feedback,” said 64th District state Rep. Tom Weber, a Republican from Lake Villa.

“Everyone should be able to enjoy boating on the Chain O’ Lakes and Fox River without fear of another dangerous boater,” he added.

District 63 state Rep. Steve Rieck, a Woodstock Republican, said in a statement said he has contacted the Illinois Department of Natural Resources to “understand what can be done legislatively to prevent a future tragedy like this.”

He said he hopes to have a rough draft of legislation in coming weeks to establish speed limits and an additional police presence on the Fox River.

The last crash that generated this level of attention was in 2012, when 10-year-old Tony Borcia was hit and killed by an intoxicated boater while tubing on the Chain O’ Lakes.

A state law requiring boaters pulling a tuber or skier to display an orange flag to warn other boaters was enacted. Another law requiring boat operators in an accident involving serious injury or death to consent to testing to determine blood alcohol or drug content also followed.

Boaters in Illinois, including on the Chain O’ Lakes and Fox River, must comply with the Illinois Boat Registration and Safety Act administered by IDNR.

The state law governs watercraft operation and safety standards, and is the authority under which agencies like the Lake County Sheriff’s Office Marine Unit enforce boating laws.

IDNR’s Office of Law Enforcement and partner agencies face a variety of challenges addressing unsafe and unlawful boating behavior, said agency spokesman Brandon Damm.

Manpower is critical and that challenge is compounded by a growing number of incidents, complexity of waterways and rapidly changing weather conditions that can escalate risk within minutes, he added.

Outside no-wake zones, there is no daytime speed limit for boats on the Chain or Fox River. The Fox Waterway Agency, which oversees how those waterways are regulated, limits night operations to 25 mph and could enact other limits, according to Damm.

For the state to impose new speed limit restrictions on waterways there would need to be legislative action, he added.

Lake County Sheriff John D. Idleburg in a recent statement said he has heard “concerns from community members about safety on our Chain O’ Lakes system.”

Significant investments have been made over the years in equipment and personnel for what is now a 41-member Marine Unit, he said.

“Operate carefully. Follow posted regulations. Be mindful of your speed and wake,” Idleburg said.

“And if you see someone operating a vessel in a careless or reckless manner, call 911, so deputies can respond,” he added.

On busy weekends or holidays, as many as 100,000 people use the 7,000-plus acres comprising the Chain O’ Lakes, explained Sgt. Michael McCarty, head of the Lake County Sheriff's Office Marine Unit.

Among the main safety regulations in place are no-wake zones established to slow boat traffic in congested areas or to reduce risk of property damage from a boat’s wake, McCarty said.

The unit monitors those zones and looks for major safety violations, such as careless operation, riding outside the gunwale or children not wearing personal flotation devices. Deputies also can board to ensure proper equipment and registration, or initiate an operating under the influence investigation.

More than 260 boat stops and safety inspections have been made so far this season, McCarty noted.

According to Damm, law enforcement routinely stop, cite and arrest operators whose actions endanger others, with violations including careless or reckless operation of a watercraft or interference with navigation.

Speed by itself isn’t a factor in dangerous driving but can be under some circumstances, McCarty noted. Traveling 60 mph on a clear early Monday morning with no other boats around, for example, is not the same as on a busy weekend afternoon, he said.

At the Broken Oar, Miske said the majority of boaters follow the rules and respect other boaters. But some new boaters may not be as aware, she added.

“It’s just tragic on every level,” she said of the crash. It should serve as a “wake-up call for a lot of people.”