The lawyer for the Bartlett man accused of being under the influence of alcohol and cocaine when his boat struck and killed 10-year-old Antonio "Tony" Borcia of Libertyville on Petite Lake near Lake Villa in last July 28 wants the offender's blood-alcohol tests suppressed.
Borcia, a Butterfield School fifth-grader who was enjoying a day on the lake with family and friends, fell off of an inner tube when he was struck by David Hatyina's boat and killed, reported Patch.
The defense claims the Illinois Conservation Police did not have probable cause to draw a blood sample from Hatyina, who is facing five counts of operating a watercraft while under the influence that resulted in death and four counts of reckless homicide, reported the Daily Herald.
At the time of the accident, Hatyina's blood-alcohol level was reported to be between .09 and .128, which is above the legal limit of .08. When his blood was drawn four hours after the incident, his BAC was reported to be .052, reported the Lake County News-Sun.
The method used to determine Hatyina's blood-alcohol level at the time of the accident, known as retrograde extrapolation, is not accepted in the scientific community, said his attorney, according to the News-Sun.
An expert witnesses is expected to be called during a hearing scheduled for April 9 through April 11, to refute whether probable cause existed to draw Hatyina's blood, reported the Daily Herald.
Hatyina, who has plead not guilty, is free on $1 million bond. His trial is expected to begin May 6.
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