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Boater seeks to suppress alcohol, drug evidence from trial

David Hatyina

David Hatyina

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Updated: March 24, 2013 1:16AM

The attorney representing a Bartlett man accused of being under the influence in a fatal boating accident, filed motions Tuesday seeking to keep evidence of his alcohol and cocaine levels from the upcoming trial.

David Hatyina is charged with aggravated DUI and reckless homicide for piloting the boat that hit 10-year-old Tony Borcia of Libertyville.

The youngster, who would have been a fifth grader at Butterfield School in Libertyville, was boating with his family on Petite Lake on July 28 when he was killed when the speed boat ran him over.

Authorities said Hatyina’s blood-alcohol level (BAC) was between .09 and .128 at the time of the accident, above the legal limit of .08.

Hatyina’s BAC was checked about four hours after the accident and recorded at .052, according to Lake County Assistant State’s Attorney Ari Fisz, chief of felony review. However, the scientific principle of retrograde extrapolation was applied to determine that Hatyina’s BAC was above the legal limit, Fisz said.

Jack Donahue, Hatyina’s attorney, filed a motion Tuesday asking to prohibit the prosecution from using the retrograde principal, Fisz said, and Donahue also filed a motion asking to suppress Hatyina’s blood testing that showed he had alcohol and cocaine in his system.

The case will be brought before Kane County Judge Clint Hull on Feb. 19. Hull was brought in to preside over the case because Tony is a relative of a Lake County judge.

Hatyina has pleaded not guilty to the criminal charges.

The Borcia family has filed a wrongful death lawsuit against Hatyina seeking damages in excess of $50,000. That lawsuit is pending.

Hatyina remains free from custody 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.

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