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Defense attorney of boater accused in fatal death makes request

David Hatyina

David Hatyina

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Updated: November 26, 2012 6:58AM

The defense attorney representing the Bartlett man accused of fatally running over a 10-year-old Libertyville boy with a boat requested Wednesday that the Lake County State’s Attorney Office withdraw from prosecuting the case, Assistant State’s Attorney Fred Day said.

The victim, Tony Borcia, 10, is a nephew of one of the Lake County judges. At least one of the boy’s relatives has a private legal practice in Waukegan.

Kane County Judge Clint Hull was previously brought in to preside over David Hatyina’s case.

A hearing was set for Nov. 20 to address the request.

Hatyina was charged with aggravated DUI and reckless homicide for allegedly being under the influence of both alcohol and cocaine when he ran over and killed Tony with his boat in Petite Lake July 28.

Hatyina is out on $1 million bond.

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