The boat's driver has been charged with reckless homicide and driving under the influence.
Fifty-year old David Hatyina is now being held in Lake County jail on a $1 million bond, charged with reckless homicide and aggravated DUI.
Prosecutors said Hatyina was driving at excess speed when he hit Borcia the afternoon of July 28 on Lake Petite, near Lake Villa.
According to investigators Borcia had been riding an inner tube that was being towed by his father's pontoon boat.
Borcia let go and as his father turned the boat around to pick him up, Hatyina's sped right at him on a 29-foot power boat. Prosecutors said Tuesday that Borcia's family yelled and waved their arms to alert the boat driver that the boy was in the water in front of him, but to no avail.
In a statement released by Borcia's family after court, they said in part "the events that transpired on petite lake turned our worlds upside down and changed our lives forever. It is the system of justice that we now rely on to punish this individual for killing our sweet and innocent Tony and deter others from acting with such conscious disregard for the safety of our children."
Borcia was one of four siblings out on the lake that afternoon. He would have entered fifth grade at Libertyville's Butterfield School this fall.