Kane County Judge Clinton Hull said he believed that David Hatyina is apologetic. He believes his sorrow and regret for what happened.
However, he did issue a sentence of 10 years when the possibility was between three and 14 years. The 10-year sentence is significant because the victim in this case was 10-year-old Tony Borcia.
Hatyina gave an emotional apology in court before the sentencing was announced.
"I will never forgive myself for drinking alcohol on the boat," he said.
"The court sentences you to 10 years in the Illinois Department of Corrections," Judge Hull said. "As part of that 10 years and after that 10 years, you will be required to serve a two-year period of mandatory supervision upon your release."
The incident happened last summer on July 8. Tony Borcia was a 10-year-old who loved baseball, Legos, fishing. He was the baby of a family with four children.
They were on Petite Lake in Antioch with his sisters, brother and father. They were tubing on the busy lake when Tony fell off a tube and seconds later his family watched in horror as a power boat hit him and the gruesome aftermath.
Hatyina, 51, was piloting that boat. He has a previous OUI and the judge said he took that into consideration. Hatyina pleaded guilty to one count of aggravated driving under the influence of drugs or alcohol.
Hatyina admitted he was drinking that afternoon and that he took cocaine the day before.
