Boater Gets 10 Years in Prison for Death of Libertyville Boy

David Hatyina, 51, of Bartlett, received a 10-year prison sentence Friday after pleading guilty in April to operating a boat while under the influence of cocaine and alcohol on the Chain O' Lakes last summer and killing 10-year-old Anthony "Tony" Borcia, of Libertyville.

Hatyina was facing three to 14 years with the possibility of probation, which would have been permitted only if Kane County Judge Clint Hull determined there were extraordinary circumstances to justify such a sentence, according to a press release from the Lake County State's Attorney's Office.

The Daily Herald reported that Hull was assigned to the case because the Borcia family had ties to another Lake County judge.

At a press conference, Assistant Lake County State’s Attorney Ari Fisz said, "Our main concern was that Tony’s family felt as though they received justice. After speaking with the family we are confident that this will give them some degree of peace and closure and will open doors to healing."

Borcia's father, Jim Borcia, said he felt the 10-year sentence was appropriate, according to the Daily Herald.

Tony Borcia was killed July 28 2012 while tubing on Petite Lake when he was struck by a 29 foot boat driven by Hatyina, who later admitted to drinking alcohol earlier that afternoon. A blood test taken the same evening of the incident revealed the presence of cocaine and alcohol in his system. In addition, cocaine residue was found on his boat near the operator’s console, according to the Lake County State's Attorney's Office.

The investigation later revealed that the defendant’s blood alcohol content at the time of the collision was estimated to be between .09 and .128, placing him above the legal limit of .08 in Illinois. Several of the victim’s family members were at the scene and witnessed the incident, stated the press release.

In court, reported the Chicago Tribune, Hatyina wept openly and expressed that he was sorry for his actions.

Borcia family members gave impact statements. Tony's sister shared that he wanted to be a police officer when he grew up, reported the Lake County News-Sun.