No bond hike for Bartlett man in fatal boat accident
By Beth Kramer email@example.com August 16, 2012 6:12PM
Updated: September 18, 2012 6:24AM
A Bartlett man accused of running over a 10-year-old boy with a boat while under the influence of drugs and alcohol was caught lying about his arrest record, according to Lake County Assistant State’s Attorney Ari Fisz.
However, Fisz failed in his attempt to seek an increase in bond for David Hatyina, 50, at a hearing Thursday. Bail had been set at $1 million Tuesday for Hatyina, who authorities said was operating a boat while intoxicated and under the influence of cocaine.
Tony Borcia, 10, of Libertyville, was inner tubing with his family at Petite Lake on July 28 when he died of blunt force trauma after he fell off the tube and was struck by the power boat at high speed, officials said.
Hatyina was charged with reckless homicide and aggravated driving under the influence causing death.
Fisz asked Circuit Judge George Bridges on Thursday to increase bond to an unspecified amount because of the dishonesty and the prior arrest.
“My recollection is that the court asked (Hatyina) if he had ever been arrested or convicted of a crime (at the previous bond hearing). He lied. It’s impossible to believe he wasn’t lying to this court,” Fisz said.
In 1996, Hatyina was arrested for operating while under the influence of alcohol on the same Chain O’ Lakes, Fisz said. He pleaded guilty and received one year of supervision. He was also cited for refusing a Breathalyzer test and boating in a restricted area, according to court records.
Lake County state’s attorney staff found that the prior arrest had been filed in the system with a misspelling of Hatyina’s name, Fisz said.
Park Ridge attorney Frank Howard said that his client did “not mislead the court.”
“My client is in shock ... . This is a 16-year-old incident,” Howard said.
Howard said his client is a lay person who was confused with court terminology of “criminal history.” Howard also pointed out that the 1996 charge is not a conviction.
“I don’t think it’s to be expected for a lay person to understand,” Howard said.
Hatyina was freed from Lake County Jail after 10 percent bond of the $1 million bail was posted at 7:56 p.m. Tuesday, according to court records. Fisz said that Hatyina’s employers posted half of Hatyina’s bond.
He works at Nameplate and Panel Technology in Carol Stream.
Hatyina was ordered not to consume any illegal drugs or alcohol, to submit to random testing, not to drive a watercraft of any kind, and to surrender his passport.
Howard said his client was “not a flight risk” and that he had complied with the terms of his bond condition. Bridges verified that Hatyina’s passport had been turned over to authorities.
“He should not have been confused about (being) arrest(ed). The court set bond at $1 million. That is a substantial bond for this offense,” Bridges said.
Hatyina is due back in court Sept. 10 for preliminary hearing.
Hatyina was not under oath when he lied about his arrest history, so there will be no perjury charge, Fisz said.
Howard said that his client does not want the boat returned to him. Fisz said that the power boat is evidence and is in the custody of law enforcement.