A wrongful-death lawsuit has been filed by the family of Tony Borcia, who was killed in a boating accident July 28 on Petite Lake in Lake Villa, the Daily Herald is reporting.
According to the Daily Herald, more than $50,000 in damages is being sought for Tony Borcia's mother, Margaret, along with similar amounts for family members who witnessed the accident.
In August, David Hatyina, 50, of Bartlett, was charged with reckless homicide and aggravated driving under the influence causing death in relation to the accident. Both he and a passenger from his boat, Renee Melbourn of Bartlett, are being sued, according to the Daily Herald.
At the time, Ari Fisz, chief of felony review for the Lake County State's Attorney's Office, told Patch that police and crime laboratory reports showed Hatyina was under the influence of alcohol and cocaine while operating his 29-foot Baja Outlaw power boat at a high rate of speed.
Fisz told Patch that 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."
Borcia was a fifth-grader at Butterfield School in Libertyville.