Will driver in fatal Sugar Grove crash get out earlier?

  • Thomas Ofenloch Jr.

    Thomas Ofenloch Jr.

 
 
Posted8/2/2010 12:01 AM

Attorneys for an Aurora man convicted of killing two passengers in drunken-driving crash plan to argue that he should receive credit toward his 10-year prison sentence for the nearly three years he spent on home confinement.

Thomas Ofenloch Jr., 26, was sentenced Friday for his role in the Aug. 4, 2007, crash in Sugar Grove that killed 21-year-olds Andrew Berger and Joshua Sutton, both of Batavia.

                                                                                                                                                                                                                       
 

Kane County Circuit Judge Timothy Q. Sheldon said Ofenloch will receive credit toward his prison term for about six months he spent in the county lockup since pleading guilty.

But the judge said he does not believe he can legally credit Ofenloch for 929 days he spent on electronic home monitoring -- a bond condition that allowed him to leave the house for work and counseling only.

Defense attorney J. Brick VanDerSnick said he intends to argue the contrary at an Oct. 13 hearing in front of Sheldon.

He noted in his closing argument Friday that his client earned certification as a stationary engineer, kept a job, and gave speeches to substance abuse treatment groups while meeting all the conditions of electronic home monitoring.

"He is a productive member of society," VanDerSnick said.

By law, Ofenloch must serve at least 85 percent, or 81/2 years, of his sentence. With credit both for jail time and home confinement, he would have to serve roughly 51/2 years.

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Rapist guilty: An Elgin man faces up to 45 years in prison after a Kane County jury convicted him of raping a guest at his apartment.

Victor Vargas, 47, was found guilty of three counts of criminal sexual assault, a Class 1 felony, after a jury trial last week in Judge Allen Anderson's courtroom.

Assistant State's Attorney Sam Partida said Vargas forced himself upon a woman who had stayed at his apartment early Feb. 24, 2009.

According to testimony, the victim, a 25-year-old Glendale Heights woman, had spent the prior evening at the then-Cadillac Ranch in Bartlett with Vargas, whom she didn't know, and a man who was a mutual friend.

Partida said all three eventually went to Vargas' apartment, where the victim and the mutual friend had consensual sex. Afterward, he said, Vargas gave the mutual friend a ride home, then returned and began sexually assaulting the victim as she slept in his bed. She eventually woke up.

"That's when she realizes that's not my friend, that's some other guy," Partida said.

After the assault, Vargas took the victim to her car, and she immediately sought help from the police.

                                                                                                                                                                                                                       
 

Partida said authorities recovered DNA evidence from the victim's body, and she also identified Vargas out of a photo lineup.

Although Vargas initially denied that anything had taken place, Partida said, he later told police he "had the right to do it because she was in my bed naked."

Vargas faces consecutive sentences of up to 15 years in prison for each of the three counts. His next court date is Sept. 23.

                                                                                                                                                                                                                       
 

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