Defendant in boating incident trial files motions to suppress BAC level
Updated: April 29, 2013 2:15AM
The defense attorney representing the Bartlett man accused of operating a boat while under the influence of cocaine and alcohol filed motions Tuesday to keep evidence about the man’s alcohol and cocaine levels suppressed from trial.
David Hatyina is charged with aggravated DUI and reckless homicide for allegedly running over 10-year-old Tony Borcia of Libertyville while under the influence. Borcia was boating with his family on Petit Lake with his family July 28 when he was killed by a boat that ran him over. Officials said he was wearing a red flotation device when he was run over. Borcia would have been a fifth-grade student at Butterfield School in Libertyville.
Officials said Hatyina’s blood-alcohol level was between .09 and .128 at the time of the offense, above the legal limit of .08.
Hatyina’s BAC was checked about four hours after the accident and recorded at .052, according to Assistant State’s Attorney Ari Fisz, chief of felony review. However, the scientific principle retrograde extrapolation was applied to determine that Hatyina’s BAC was above the legal limit, Fisz said.
The defense filed a motion Tuesday asking to prohibit the prosecution from using the retrograde principal, Fisz said. The defense also filed a motion Tuesday asking to suppress the defendant’s blood testing that showed he had alcohol and cocaine in his system, Fisz said.
Hatyina is represented by Jack Donahue.
The case will be brought before Kane County Judge Clint Hull on Feb. 19. Hull was brought in to preside over the case because Borcia is a relative of one of Lake County’s judges.
Hatyina has pleaded not guilty to the criminal charges.
Borcia’s family has filed a wrongful death lawsuit against Hatyina, seeking damages in excess of $50,000. That lawsuit is pending.
Hatyina remains free on bond after Gene Decker of Lake Geneva, Wis., one of three supervisors in the Town of Geneva, posted 10 percent of Hatyina’s $1 million bond in August.