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Man gets 10 year sentence for fatal boat accident

David Hatyinwipes tears from his eyes after reading statement during his sentencing hearing. | Steve Lundy/Daily Herald

David Hatyina wipes tears from his eyes after reading a statement during his sentencing hearing. | Steve Lundy/Daily Herald

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Updated: July 16, 2013 6:33AM

The Bartlett man who was under the influence of cocaine and alcohol when he ran over Libertyville 10-year-old Tony Borcia with his boat last summer was sentenced Friday to 10 years in prison — matching the age of the boy.

David Hatyina, 51, listened to two days of emotional victim-impact statements from the Borcia family before Kane County Judge Clint Hull delivered his ruling Friday afternoon. Hatyina had previously pleaded guilty in Tony’s death on June 28, 2012, on Petite Lake.

Hatyina also gave a tearful apology to the court, saying he would never drink again.

Hull said he found Hatyina’s apology to be genuine.

“I know if you could go back in time ... you’d change what happened July 28. None of us have that power,” Hull said.

Tony had fallen out of his inner-tube when Hatyina ran him over while Tony’s father and three siblings watched.

“No sentence can bring what we really want — to bring Tony back. We believe justice has been served,” Tony’s father Jim Borcia said after the sentencing hearing.

Assistant State’s Attorney Ari Fisz said he hopes the sentence will deter other boaters from making the same mistake.

“They’re now going to see if you do the type of thing the defendant did, you’ll go to prison for a very long time,” said Fisz, who had asked the judge to consider the maximum penalty of 14 years.

Tony’s sisters, Kaeleigh, 19, and Erin, 13, spoke Thursday about how their brother’s death impacted them. Both said they had difficulty in school and flashbacks of the horrific scene.

Hull said he considered the fact that Hatyina’s daughter with special needs will be impacted by Hatyina’s incarceration. Hatyina’s ex-wife testified Friday that her daughter relied on her father for financial and emotional support.

“The sentence I impose will cause pain to your daughter. This weighs heavily on this court,” Hull said.

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