Bartlett Man Charged in Boating Accident that Killed Tony Borcia of Libertyville

David Hatyina, 50, of Bartlett, was charged with reckless homicide and aggravated driving under the influence causing death in relation to the accident that killed Tony Borcia, 10.

A 50-year-old Bartlett man has been charged with reckless homicide and aggravated driving under the influence causing death in relation to the accident that killed July 28, on Petite Lake, in Lake Villa.

The Illinois Conservation Police arrested David Hatyina of Bartlett Aug. 13, said Ari Fisz, chief of felony review for the Lake County State's Attorney's Office. Hatyina's bond was set at $1 million at a hearing the morning of Aug. 14.

Fisz said according to police and crime laboratory reports, Hatyina was under the influence of cocaine and alcohol while operating his 29-foot Baja Outlaw power boat at a high rate of speed. Fisz said witnesses reported that Hatyina ran over and killed Borcia, "who was floating in the water, wearing a bright red life preserver, and waving his arms in an effort to be seen."

Witnesses said Borcia was riding on an inner tube with his 12-year-old sister while being towed around on a pontoon boat operated by their father, Jim, Fisz said. Borcia's 18-year-old sister and 15-year-old brother were also on the boat. Borcia fell off of the inner tube, and his father turned the boat around to pick him up.

"As he was turning the pontoon boat, (Jim) noticed a large white boat 'flying down the middle of the lake' and bearing down on his son," Fisz said in a prepared statement. "He and Tony's two oldest siblings waved their arms and yelled toward the oncoming boat, and then they watched as Hatyina ran over Tony."

After officers from the Lake County Marine Unit and the Illinois Conservation Police arrived on the scene, Hatyina was taken by police to a hospital to have his blood drawn for chemical testing. Fisz said the Illinois State Police Crime Lab results revealed both alcohol and cocaine in Hatyina's system.

Fisz said the "principle of retrograde extrapolation" was used to determine that Hatyina's blood alcohol content at the time of the accident was over the legal limit between .09 and .128.

"In this circumstance, blood was drawn four hours after the accident," Fisz said. A mathematical equation is used to explain the rate at which the body metabolizes alcohol, which helps determine what the blood alcohol content would have been hours before. "That's why there's a range."

The forensic scientist also found cocaine and cocaine metabolite in Hatyina's system, which led the scientist to determine that "Hatyina ingested cocaine within a matter of hours before the incident," Fisz said.

Fisz added that police spoke to a witness who, while boating on a nearby lake hours before the accident, saw a man matching Hatyina's description "driving recklessly on the lake at an excessive speed in the hours before the incident."

Fisz said a preliminary hearing has been set for Sept. 10, but he anticipates the case being indicted before then.

. He was the nephew of West Deerfield Township Supervisor Julie Morrison.

Editor's note: The location of the accident was added at 2:40 p.m.

Jane Fiore August 14, 2012 at 07:05 PM
There is no mention of the loction where the accident took place. A lake? A river? Where?
Claudia Lenart (Editor) August 14, 2012 at 07:42 PM
The accident was on Petite Lake, on the Chain of Lakes, in Lake Villa. That has been added to the story.
Par Golfer August 14, 2012 at 07:46 PM
It was up around the Chain of Lakes - Fox Lake - very sad but always a bunch of moron's out there like this guy. I hope they throw away the key
Georges Langer August 14, 2012 at 10:47 PM
The man who killed that kid was my boss at Nameplate and Panel Technology when I was working there from 2001-2005. Unbelievably sad.
Sarah August 14, 2012 at 11:54 PM
I knew it was going to be a drunk person and not expecting the drugs, but it figures. Boaters on the chain are drunk and drive like maniacs. That is why I am happy on Lake Michigan
Steve S. August 15, 2012 at 01:43 PM
Accidents happen on lake Michigan too. And not all boaters on the chain are drunk and drive like maniacs. The point of this is if you are a boater, be a safe one, know where you are boating and who is around you, especially when pulling toys. The moron who did this could've been on any lake, anywhere.
Carle August 15, 2012 at 06:25 PM
The moron who killed this little boy was NOT on any lake, he was on the Chain of Lakes, where he was drunk and on drugs at that exact time. The moron is still alive. The boy is not. If he was on another lake, this little boy would not be dead.
Thomas Bay August 15, 2012 at 06:47 PM
Stopped going to the "Chain" with my boat years ago. Too many crazy boaters. Why is a boat like that even allowed on the chain? My heart goes out to the family of the little boy.
Steve S. August 15, 2012 at 07:22 PM
This is a horrible tragedy but it would be irresponsible to tell everyone that if they boat on any lake but the chain that this would never have happened. It can on any lake of any size in any place. Please boat safely and report boaters who appear not to be following the boating rules to the police.
Steve S. August 15, 2012 at 07:23 PM
There should be size and speed limits on the chain, there are plenty of police boats around to enforce laws.
Carle August 15, 2012 at 08:09 PM
In reference to this tragedy, this did happen on the Chain. Obviously, we can't predict what will or will not happen at any given time in anywhere USA. We only know what did happen in this case, which is a little boy was killed due to a drunk and drugged boater on the Chain. Hopefully, all boaters on the Chain and anywhere else will now think twice before driving boats when drunk and/or on drugs.
Donny August 16, 2012 at 12:44 PM
SO true Sarah. Having been on both lakes many times Lake Michigan is by FAR safer then the Chain. On lake Michigan the next boater is sometimes miles away. On the Chian it's feet - literally.
Julie August 17, 2012 at 05:44 PM
Tubing on the Chain-Of-lakes should be banned. It is just not big enough. My prayers go out to his family.
Julie August 17, 2012 at 05:45 PM
No comment
Jessica August 17, 2012 at 10:58 PM
All of you need to calm down and stop calling him a "moron". Accidents happen. He wasn't purposely trying to murder the little boy. Knowing he has his own child at home. Stop talking about things when you don't know the full story. You know what the news wants you to know. Yes he made a mistake and yes he should be punished. But there is NO reason to talk about the man like that. With that being said, my heart goes out to BOTH the family of the little boy and the family of the "moron" you guys are speaking of.
Steve S. August 18, 2012 at 12:15 AM
No one ever said they didn't feel bad for the child of the moron. If the guy was my best friend he would still be a moron had he done this, no one stated he went out to murder a 10 year old kid, but it happened and it doesn't matter what his "full" story is for the family of the deceased or for his child that will grow up without him.
Jessica August 18, 2012 at 12:35 AM
You're ignorant to all the facts. And should stick to what you know.
JD August 18, 2012 at 01:33 AM
Here are the facts. He was driving a boat while under the influence of drugs and alcohol and murdered an innocent child. He is a moron for those facts alone. Stop defending a man who should rot in jail for the rest of his life.
Donny August 18, 2012 at 06:11 AM
One has to wonder if cocaine was in the kids family? Every boater and and I mean boater on the chain of lakes is drunk or high.
JR August 18, 2012 at 11:26 AM
Absolutely NOT!!!!!!!!!
Steve S. August 18, 2012 at 01:32 PM
Why don't you tell us what you know, make us informed.
Steve S. August 18, 2012 at 01:34 PM
This comment doesn't make any sense, it sounds like Donny, and I mean Donny, is drunk or high right now.
Sandy Klein August 18, 2012 at 03:25 PM
Well, if the man was on drugs and was drunk and driving a boat, then yes, Jessica, he's a moron. If you're a relative or a friend of this guy, my heart goes out to you, but this sounds unavoidable if not for some very poor choices.
becca September 03, 2012 at 03:21 AM
Jessica i totally agree with u,,, im on the chain ofthen, and i see what goes on there... drunk or not,drugged or not it could of happend to any of us...i could of been the (moron)sober mother of 4 who accidently hit the boy.....this was not a murder this was an accident n no i dont know either familys or am i taking sides ..the chain is not a play for tubing or jet skiing or swimming,only for the reason that it's known for drinking,n parting out there........
CM September 11, 2012 at 07:49 PM
Then why isn't it banned if it is so dangerous. The moron should have been watching where he was going and while yes it is an accident, it is horific and avoidable. It's sad when a family can't go out and enjoy themselves, doing something legal because it is not policed well enough and others are drunk or stoned. To place any blame on the family of the child is ludicrous.


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