(CBS) –A man who was intoxicated while operating a boat when he accidentally struck and killed a 10-year-old boy on the Chain O’ Lakes was sentenced Friday to 10 years in prison.
Judge Clint Hull said probation was not appropriate for David Hatyina in the death of Antonio Borcia, who died July 28, 2012 while inner-tubing on Petite Lake. Hull said he also took into account that defendant Hatyina, 51, has a daughter with a disability who depends on him.
But the judge also noted Hatyina was arrested in 1996 for operating a boat while intoxicated — the same offense, though no death resulted then.
“You were put on notice in 1996,” Hull told the defendant.
Lake County prosecutors had asked for the maximum possible sentence of 14 years. Patyina’s attorney had asked for probation, saying it would be wrong to make his client a poster boy for drinking on the Chain O’ Lakes.
Hatyina previously entered a plea of guilty and admitted he had consumed alcohol and cocaine. He said in a 90-second statement Friday that the pain will never go away and that he will never drink or use drugs again.
Borcia’s surviving family members made emotional statements from the stand this week, describing the horror of the day they lost the boy and the emotional aftermath. They indicated to reporters they favored the harshest sentence possible for Hatyina.
“Our main concern was that Tony’s family felt as though they received justice. After speaking with the family we are confident that this will give them some degree of peace and closure and will open doors to healing,” Assistant State’s Attorney Ari Fisz said in a statement.
Judge Hull said Hatyina would be released from prison early, possibly in 8 1/2 years, if he is awarded good-behavior credit.