Mundelein teen avoids prison term

A Mundelein teen responsible for the deaths of two friends was spared a prison sentence Monday when a Lake County judge placed him on probation for 30 months.

After the hearing, Richard Wood was taken to jail, where he will be held until the probation department develops a substance abuse treatment program for him to complete.

Wood, 18, was driving a 1999 Pontiac Trans Am that went out of control as it crossed railroad tracks on Diamond Lake Road on Nov. 13, 2005.

Israel Bueno and Jason Gembra, both 16-year-old passengers in Wood's car, died when the car struck a tree.

"Your heart does not break when something like this happens," Jason's 22-year old sister, Kerri Gembra, said in a victim impact statement. "Your heart dies."

Experts clashed over how fast Wood was driving as he crossed the tracks -- a sheriff's deputy estimated the speed at 53 to 55 mph and a defense expert claimed it was 39 to 41 mph. The posted speed limit was 30 mph.

Wood was charged as an adult with reckless homicide shortly after the crash. He pleaded guilty to that crime Sept. 22.

In the interim, he arrested three more times for substance abuse issues and violated the conditions of his pretrial bond several times.

Assistant State's Attorney Catherine Waldeck asked Circuit Judge John Phillips to consider Wood's behavior following the crash as a reason to send him to prison for four years.

"The best indication of performance on probation is past performance, and his performance stinks," Waldeck said. "The only thing that works for him is custody."

But family members and friends painted a picture of Wood as a boy overwhelmed by the enormity of what he had done, who sought relief in substance abuse and other bad decisions.

"All that shows you is his self-destructive behavior," defense attorney Robert Gevirtz said. "All it demonstrates is his grief and shame over this event."

Wood asked for a probationary sentence that would include an opportunity for him to speak to youth groups about the dangers of reckless behavior.

"One thing I have learned from this is that life is too short to take anything for granted," he said. "I want to speak to young people and tell them that one small choice can change everything."

Phillips said Wood could spend as much as six months in periodic imprisonment at the county jail, depending on the treatment program the probation department designs for him.

If he is jailed, one reason he would be released is to perform the 200 hours of community service Phillips ordered.

Phillips said at least 50 of those hours must be spent doing the type of speaking engagements Wood has proposed.

"There is no way anything good can come of this, but perhaps something positive can," Phillips said. "Maybe you can prevent other families from going through what these two families are going through."

Phillips also ordered Wood to write letters of apology to the Bueno and Gembra families and to visit the graves of his victims every Nov. 13, if their families will permit it.