Eight years in fatal McHenry DUI crash

A McHenry woman was sentenced to eight years in prison Friday for killing a 22-year-old Fox Lake man in a 2007 crash blamed on her drunken driving.

Nicole M. Cerk, 31, must serve at least 85 percent of the term handed down for her conviction on a charge of aggravated DUI stemming from the crash in McHenry Township that claimed the life of Curtiss M. Phelan.

McHenry County Judge Joseph Condon issued the sentence - almost halfway between the three-year minimum and 14-year maximum - despite agreeing with defense arguments that Cerk truly is remorseful and is unlikely to commit another crime.

Her undoing, however, may have been testimony at her sentencing hearing Friday that she had been arrested on another drunken driving offense about a decade earlier.

Condon called her decision to get behind the wheel again after drinking "a very poor choice."

"The decision to get behind the wheel after consuming alcohol after (the earlier charge) is, in my opinion, particularly irresponsible," the judge said.

The charge stemmed from a collision Feb. 3, 2007, at the intersection of Fox Lake and Broadway roads in McHenry Township. Police said Cerk drove her sport utility vehicle through a stop sign at the intersection and slammed into Phelan's car, causing his fatal injuries. Her blood-alcohol limit at the time, authorities said, was more than three times the legal limit for driving.

Cerk addressed Phelan's family during her sentencing Friday, repeatedly apologizing for her actions.

"My actions were selfish and ignorant and I have no excuse," she said. "I wake up every morning knowing that I have hurt so many people."

Phelan's family described Curtiss as hardworking, ambitious and family oriented, especially when it came to his younger sister, Colleen, who has battled through medical problems since needing a heart transplant as an infant.

"After all her physical problems, Colleen was left with learning disabilities, but she and Curt were constant playmates when younger and Colleen grew up worshipping her big brother," Phelan's mother, Betty Phelan, said.

"He had so much promise, so much to share," Phelan's brother, David Hungness said. "He was such a wonderful gift for all of us."