Penalties for Reckless Homicide in Illinois Being charged with reckless homicide is a very serious matter. She died at the scene. Reckless homicide is classified as a Class 3 felony in the state of Illinois. Two Aurora Police sergeants on patrol in the area witnessed the crash and when they drove upon the scene, they saw Figueroa allegedly crawling out of one of the windows and attempting to run. Tevin Washington charged with reckless homicide, DUI in I-57 crash that Washington allegedly walked away, prosecutors said. >>>> Coroner Identifies Man Killed When Vehicle Crashed Into Aurora Home. Washington was allegedly driving 85 mph in a 55 mph zone when he changed lanes and struck a womans Jeep from behind in the southbound lanes between 127th Street and Sibley Boulevard, according to Illinois State Police and prosecutors. Call us at (847) 616-9993 or chat with us to learn how we can help you. Washington allegedly failed a field sobriety test and blew a 0.123 blood-alcohol content in a Breathalyzer test, prosecutors said. There are circumstances that may cause the crime to be upgraded to a Class 2 felony. Illinois Reckless Homicide Lawyer | Lake County Vehicular Homicide An email has been sent with a link to confirm list signup. If you or a loved one have been accused of DUI manslaughter in Illinois call us today. The vehicle came to rest on its roof in the southbound lanes of Farnsworth Avenue. All rights reserved. The Jeep burst into flames and went through a concrete barrier, landing below on Metra tracks, authorities said. Although Illinois law does not identify texting while driving as a specific element of reckless homicide, texting while driving is illegal and could form the basis of a prosecution, since there has been sufficient evidence collected to demonstrate that it poses a substantial risk of harm to others. Your browser is out of date and potentially vulnerable to security risks.We recommend switching to one of the following browsers: You have permission to edit this article. Reckless Homicide Illinois | What Is A Reckless Homicide? If you need legal help with criminal defense, contact us today for a free consultation. She told police she was driving from one bar to another after drinking. Figueroa was taken into custody without incident around 12:20 Friday afternoon at her home in Streator by members of the U.S. Criminal Offenses 5/9-3. 24 HOUR: ANSWERING | 847-394-3200: SERVICE: 1855 Rohlwing Road, Suite D, Rolling Meadows, IL 60008 . However, for driving under the influence of alcohol or drugs (DUI) reckless homicide, defendants often face criminal penalties of up to 14 years in prison, and even up to 28 years in jail. Our Rolling Meadows DUI defense law firm provides a confidential consultation so that we can help you understand your legal options and potential defenses. He returned about 20 minutes later and was arrested. The statute doesnt require the person killed to be a school crossing guard or a child; it can be anyone. Two Aurora police sergeants on patrol in the area witnessed the crash. Reckless homicide is a serious felony with criminal and civil consequences, including the potential loss of insurance coverage and the imposition of substantial civil damages. Tevin Washington is charged with reckless homicide and driving under the influence in the Feb. 28 crash near south suburban Calumet Park, according to a bond proffer prepared by prosecutors. There were no other injuries. Reckless Homicide: Texting Can Be Fatal. An autopsy found she suffered a broken femur, broken pelvic bone and thermal internal damage from heat, prosecutors said. AURORA, IL -- A 27-year-old Streator woman faces reckless homicide and DUI charges in connection with a crash earlier this month that killed a 33-year-old Aurora man. DUI Manslaughter In Illinois | Criminal Defense Firm - Dohman Law Group Call (888) 473-4058 now. If you are facing reckless homicide charges in Waukegan, call our Lake County, Illinois criminal defense attorney ASAP for free consult at 847-239-4703. Washington was allegedly driving 85 mph in a 55 mph zone when he changed lanes and struck a womans Jeep from behind between 127th Street and Sibley Boulevard, according to Illinois State Police and prosecutors. All rights reserved, Mega Millions, Powerball jackpots both soar as drawings loom this week, Northern Lights could be visible in Illinois, Indiana this week, Solar storm to make northern lights visible in Indiana, Wisconsin and 15 other states, Illinois' largest movie screen to open in west suburbs next week, Illinois residents begin receiving payouts in class-action Google privacy settlement, Deadline to file a claim in the new, nationwide Facebook settlement is next month. He spent the evening drinking at Darrins Lounge on the South Side, prosecutors said. (c) (Blank). v. Defendant-Appellant. Mr. Chatzky is truly superb at his job. If you have been accused of DUI and reckless homicide, you need a highly knowledgeable attorney to fight for you. The husband of former Morgan County Clerk Stephanie Elliott has been charged with reckless homicide and OWI in the crash that killed her in July 2022. Involuntary Manslaughter or Reckless Homicide in Illinois? Community activists demanded the city install cameras at its beach facilities and offered a $1,000 reward for information leading to the mans arrest. The Jeep burst into flames and went through a concrete barrier, landing below on Metra tracks, authorities said. Reckless homicide, DUI charges filed against Tevin Washington in I-57 This is a Class 3 felony offense, which a prison sentence of 2 to 5 years in the Illinois Department of Corrections. He was pronounced dead at a hospital shortly afterward. In a landmark case, a teenage driver was sentenced to one year in prison and a given a 15-year suspension of his license after he was convicted of running down a 55-year-old man while he was texting. Officers found a label of a Patron bottle and an empty container of cannabis flower, prosecutors said. [SiteMap], See our profile at Lawyers.com or Martindale.com. She has been charged with reckless homicide and two counts of aggravated DUI. A common defense to involuntary manslaughter or reckless homicide is to argue that the defendants actions do not rise to the level of reckless activity. Hirsch Law Group is experienced in defending people facing reckless homicide charges in Chicago and 13 counties in Illinois. This material may not be published, broadcast, rewritten, or redistributed. The laws concerning reckless homicide are lengthy and very detailed. CALUMET PARK, Ill. - A man who went out for drinks on his 25th birthday allegedly crashed into the rear of another vehicle, sending it flying off I-57 and onto railroad tracks below, killing the. The victim of the crash was 39-year-old Stephanie Anselmo, according to published reports. There are some cases where involuntary manslaughter or reckless homicide becomes a class 2 felony (which comes with recommended penalties of 3-7 or 7-14 years behind bars). (1) Involuntary manslaughter is a Class 3 felony. It requires the astute guidance of a knowledgeable attorney who can chart the best course in your defense. Let us know what's going on! For example, if the reckless homicide occurred in a construction or school zone, the Class 3 felony may turn into a Class 2 felony. Stephanie A. Figueroa, of the 800 block of Elm Street in Streator, is accused of causing the crash that claimed the life of Obed Cruz-Hernandez, of the 400 block of Smith Street in Aurora, on. Mr. Chatzky is very responsive, ethical and effective. Other factors include how many victims were involvedand if the chain of events links the conduct of the defendant to the unintentional deaths of at least two victims. 720 ILCS 5/9-3 (a) Reckless Homicide Sentence Reckless homicide is a Class 3 Felony. 555 Skokie Blvd., Suite 500, Northbrook, IL 60062 . A motor vehicle is more than just a mode of transportation. He was released after posting bond, and is due back in court March 5. Vehicular Manslaughter Sentences and Reckless Homicide Sentences Davi Law Group, LLC handles criminal law matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville. An automobile can become a deadly device when operated by a negligent person. Highly Educated & Experienced Trial Lawyers, She was 100% honest with me the whole time. If you have been charged with reckless homicide in Illinois, you need a skilled Rolling Meadows defense attorney protecting your rights. Illinois Compiled Statutes - Illinois General Assembly Contact a Skilled Legal Professional for Help. Since the party responsible didnt intend to cause the accident, he or she isnt charged with a crime. Illinois Compiled Statutes - Illinois General Assembly ), All 6 victims in California plane crash ID'd, Missing teen found at Camp Pendleton; Marine in custody: officials, Harvard professor believes he's found fragments of alien technology. Involuntary Manslaughter and Reckless Homicide on Westlaw. (d) Sentence. Reckless Homicide Illinois | 720 ILCS 5/9-3(a) | Sentencing & Penalties He returned about 20 minutes later and was arrested. Full report: Stephanie Melgoza reckless homicide charges. Here, its the location of the offense that causes the enhancement. When Can a Person Be Charged With Manslaughter in Illinois? Aggravated driving under the influence involving a fatality carries a sentence of 3 to 14 years in the penitentiary, and probation is possible only in exceptional circumstances. Section 720 ILCS 5/9-3 - Involuntary Manslaughter and Reckless Homicide He returned about 20 minutes later and was arrested. Illinois Zero Tolerance Law and Underage DUI Char Prevention and Detection of Juvenile Delinquency, Understanding Your Rights in a Criminal Charges Case, Florida School Shooting Prompts a Review of Gun Laws for Illinois Lawmakers. Illinois law is confusing when it comes to unintentional killings. He returned about 20 minutes later and was arrested. Combined with the requirement of the reckless action, the offense is found in the Criminal Code unlike other moving violations, which are found in the Vehicle Code. A defense strategy will have to be outlined in order to secure a favorable result. Drivers who are charged with vehicular manslaughter with no DUI implications can also face enhanced prison sentences if there were aggravating factors, such as causing death in a construction zone or school zone. Being charged with reckless homicide is a very serious matter. A hazing scandal has turned into a major embarrassment for the school. The defendant, Mariusz Sienkiewicz, appeals from the January 19, 2001, order of the circuit court of Lake County denying his motion to dismiss the indictment charging him with reckless homicide (720 ILCS 5/9--3 (a) (West 2000)). As a, Prior to joining the firm as a paralegal, Debbie was employed by major banking institutions as a loan processor and as an executive secretary. How Long Do You Go to Jail for DUI Manslaughter in Illinois? December 12, 2013 On Monday, officials said her charges were upgraded to reckless homicide and two counts of aggravated drunken driving. He was released after posting bond, and is due back in court March 5. The first type involves causing the death of another person while recklessly driving in a manner that's likely to cause death or "great bodily injury." Free consults: (312) 428-4000. | A person commits reckless homicide if he or she unintentionally kills an individual while driving a vehicle and using an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne. Cruz-Hernandeaz, a passenger in the vehicle, was pronounced dead at Rush Copley Medical Center about 40 minutes after the crash. In Illinois, there are two types of "reckless homicide" (sometimes called "vehicular homicide"). astute guidance of a knowledgeable attorney, Martindale Hubbell for Law Offices of Paul Chatzky, A police officer or operator of an emergency vehicle in the course of official duties, A driver using a hands-free or voice-activated device, A driver of a commercial vehicle reading a specially designed, permanently installed screen, A driver stopped because of traffic congestion with the car in park or neutral. Illinois Statutes Chapter 720. Criminal Offenses 5/9-3 | FindLaw No. 2-01-0349, People v. Sienkiewicz - State of Illinois Office of the Figueroa was arrested on Feb. 12 at her home in Streator, Ill., by members of the U.S. The victim of the crash was 39-year-old Stephanie Anselmo, according to published reports. Tevin Washington is charged with reckless homicide and driving under the influence in the Feb. 28 crash near south suburban Calumet Park, according to a bond proffer prepared by prosecutors. Officers found a label of a Patron bottle and an empty container of cannabis flower, prosecutors said. John Elliott was formally charged March 6 with reckless homicide using a vehicle (Level 5 felony) and causing death by operating a motor vehicle with a schedule I or II . charge Figueroa in connection with the crash. Thus, if the vehicular homicide victim is a peace officer killed while performing his or her law enforcement duties.