WAUKEGAN, Ill. (STMW) — The Borcia family was enjoying a perfect summer day last July on Petite Lake until they watched a boat run over the youngest member of their family.
David Hatyina, 51, of Bartlett, who previously pleaded guilty to operating his boat under the influence of alcohol and cocaine when he ran over Tony Borcia, was before Kane County Judge Clint Hull on Thursday for a sentencing hearing. He was scheduled back in court Friday to hear his fate, the News-Sun is reporting.
The Libertyville 10-year-old was inner-tubing with his father, his two sisters and brother in Petite Lake on July 28, 2012. Tony had asked his oldest sister, 19-year-old Kaeleigh, if he could have one more turn on the inner tube, Kaeleigh said in her victim impact statement Thursday.
“I, of course, allowed him to, which was the biggest mistake of my life … I saw what happened clearly,” she said.
Kaeleigh detailed the moment Hatyina’s boat plowed over her little brother. She saw the life preserver “holding the carcass that used to be my brother Tony,” Kaeleigh said through tears.
Her little brother wanted to be a member of a SWAT team or a police officer.
Instead, he will never have that chance because “Mr. Hatyina was doing lines and knocking back drinks,” Kaeleigh said in her statement, read to a courtroom packed with more than 50 friends and family members, most of whom wore buttons with Tony’s smiling face.
Kaeleigh said she hopes her brother would be remembered as the reason for the eradication of drunken driving.
Hatyina faces up to 14 years in prison or could be sentenced to a period of probation.
Tony’s siblings and parents also read victim impact statements, describing how the loss of Tony has impacted their family.
Tony’s other sister, Erin, 13, spoke about being treated for bouts of rage. Erin and Tony’s father Jim spoke about having to relive the memories from July 28 over and over in nightmares and flashbacks.
“He had no chance against a 30-foot missile being driven by a man who filled his body with drugs,” Jim said.
“Society needs to know what happened to Tony is inexcusable. My hope is that this court’s sentence … will save other Tonys of the world.”
Illinois Department of Natural Resources officer Christ Winters testified that Hatyina operated a 29-foot baha boat named Purple Haze. Winters said three different types of alcoholic beverages were found on the boat.
Lake County Sheriff Marine unit deputy Michael Shep testified that Hatyina failed field sobriety tests and admitted to drinking.
Shep also testified that Hatyina told him that a pontoon boat crossed in front of him, causing Hatyina to swerve sharply to the right.
Hull is expected to deliver the sentence after the testimony concludes Friday. Hatyina remains free on bail.
(Source: Sun-Times Media Wire © Chicago Sun-Times 2013. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)