Trooper, Supporters Call For Reckless Homicide Charges In Fatal Truck Crashes
CHICAGO (CBS) -- An Illinois State Police trooper injured in a fiery crash one year ago was pressing DuPage County prosecutors to file more serious criminal charges against the trucker who allegedly caused the wreck.
Trooper Douglas Balder spent months in a hospital burn unit, and another nine months recuperating from his injuries after trucker Renato Velasquez crashed his truck into Balder's squad car on the Reagan Memorial Tollway near Aurora on Jan. 27, 2014.
Velasquez's truck also slammed into an Illinois Tollway maintenance vehicle, killing Tollway worker Vincent Petrella.
"The night of the crash, I had 13 broken ribs, a broken left scapula, a brain bleed, and a busted lip, second- and third-degree burns to my entire left side," he said.
Velasquez allegedly had been working for 37 hours before the crash. He has been charged with four felony violations of trucking regulations, including driving while fatigued, falsifying truck driving logs, and driving more than 14 consecutive hours.
Balder and his family want DuPage County State's Attorney Bob Berlin to file reckless homicide charges as well.
"It's disturbing. I mean, this will happen again," Balder said.
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In a statement, Berlin said his decisions on criminal charges must be based on the law, and what can be proven in court.
Balder's attorney, Elizabeth Kaveny, said Berlin is reluctant to file reckless homicide charges, because there is no precedent for doing so in cases when a driver fell asleep at the wheel, but she said Velasquez did more than just doze off while driving.
"This is not a dog bite case. You don't get one free death before you get prosecuted for your second," she said. "We have a law in place that allows them to prosecute."
Velasquez allegedly violated four trucking regulations, as he had been on the job for 37 hours, had been driving for 28 hours with only 3 ½ hours sleep before the crash, and had falsified his driving logs at least four times in the week leading up to the wreck.
Balder still isn't back on full duty, as he continues physical and occupational therapy on a daily basis. He hopes to be back on duty in a few months.
In a similar case in Cook County, Trooper James Sauter was killed while parked on the shoulder of the Tri-State Expressway in March 2013, when a Wisconsin truck Driver, Andrew Bokelman, crashed into Sauter's squad car after allegedly falling asleep at the wheel.
Bokelman allegedly violated rules prohibiting truckers from driving while fatigued, driving after a 14-consecutive-hour work period without taking 10 consecutive hours off, and falsifying work logs. He allegedly started his shift 18 hours before the crash, and had planned to stop at a rest stop to sleep just before slamming into Sauter's squad car.
As in Velasquez's case, prosecutors have only charged Bokelman with violating various trucking rules, but not reckless homicide.
"These felony charges that he faces have nothing to do with killing my husband," Sauter's widow, Elizabeth Sauter said.
She said prosecutors are letting Velasquez and Bokelman get away with murder.
"Too many of them care more about their track record than representing victims and prosecuting to the full extent of the law," she said.
The charges against Velasquez and Bokelman carry a maximum penalty of three years in prison, while a reckless homicide conviction would carry a sentence of between two to five years in prison.
