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Guilty plea in boating death of 10-year-old Tony Borcia

David Hatyina

David Hatyina

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Updated: May 11, 2013 6:11AM

David Hatyina, 51, pleaded guilty Tuesday to one count of aggravated driving under the influence of drugs and alcohol in the July 28 boating accident that killed 10-year-old Tony Borcia.

Borcia was killed after being run over by a boat piloted by Hatyina, of Bartlett.

The Libertyville boy’s mother cried quietly as Hatyina pleaded guilty before Kane County Judge Clint Hull. Additional counts of aggravated DUI and reckless homicide were dropped in exchange for the guilty plea. Hatyina could get probation or face sentences ranging from three to 14 years in prison, said Hull.

Hatyina is due for sentencing June 13.

Hatyina was under the influence of alcohol and cocaine when he operated a powerboat on Petite Lake in the Chain O’ Lakes last year. He was heading toward the northern edge of the lake at 40 mph, where Borcia had fallen off an inner tube. Borcia’s father was in the process of turning the boat around to pick up the boy when Hatyina piloted his boat in their direction, said Assistant State’s Attorney Ari Fisz.

Borcia was waving his arms and his family was shouting at Hatyina, Fisz said.

“Despite all that, the defendant did not slow down or alter course,” Fisz said.

After being run over, Borcia died of his injuries. Police found several alcoholic beverages and cocaine residue on Hatyina’s boat, Fisz said. Hatyina’s blood sample also contained cocaine, Fisz said.

Hatyina’s attorney John Donahue stipulated that this was evidence the prosecutors were going to use, but said he disputed the speed of the boat.

The plea deal was made instead of having a hearing about the blood-alcohol content (BAC) evidence against Hatyina. Donahue had filed a motion to keep his client’s BAC level out of the trial, which was scheduled for May 6.

Hatyina’s blood was drawn about four hours after the incident. His BAC level was .052. A scientific principle was used to determine that Hatyina’s BAC was between .09 and .128 at the time of the incident, Fisz said.

Hull accepted the plea deal, saying he found that Hatyina entered the plea “knowingly and voluntarily.” Hull is presiding over the case because Borcia is a relative of one of Lake County’s judges.

Hatyina is due back in court May 16. He is due for sentencing June 13 and 14. He remains free from custody on $1 million bond.

The Borcia family declined to comment after the plea deal was entered.

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