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Hearing on motions in boating death moved to April 9

David Hatyina

David Hatyina

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Updated: April 7, 2013 6:22AM

Weather delayed another pretrial hearing Tuesday for the Bartlett man accused in a fatal boating accident.

David Hatyina, 50, faces reckless homicide and aggravated DUI charges for allegedly operating a boat under the influence of cocaine and alcohol when 10-year-old Tony Borcia of Libertyville was run over on Petite Lake. Hatyina has pleaded not guilty to charges from the July 28 incident in the Lake Villa area. Officials said Tony was wearing a red flotation device and was waiving his arms when he was struck.

Hatyina was scheduled for a hearing before Kane County Judge Clint Hull Tuesday, but prosecutor Ari Fisz said weather caused the parties to delay the case until April 9.

Weather also delayed a pretrial hearing Dec. 20.

An out-of-county judge was assigned to the Hatyina case because a Lake County judge is related to the victim.

The April 9 hearing will address defense attorney John Donahue’s request to keep his client’s blood-alcohol content (BAC) out of the trial, scheduled for May 6.

Authorities used scientific principle retrograde extrapolation to determine that Hatyina had a BAC between .09 and .128 at the time of the accident. His blood was drawn four hours after the accident and recorded at .052, according to Fisz.

Several witnesses are expected to testify at April’s hearing.

Hatyina remains free from custody on $1 million bond.

He is named in a wrongful death lawsuit filed by Tony’s family. They seek damages in excess of $50,000 against Hatyina.

Tony was tubing on the lake with his three siblings and father that day. One of his siblings was just yards away from him when he was run over with the boat, according to the wrongful death lawsuit .

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