Man sentenced in DUI crash that killed Batavia student, injured two others

BATAVIA – Anthony S. Potochney has been sentenced to prison for a 2016 drunken driving crash that killed 9-year-old Katie Jonak of Aurora, a student at Louise White Elementary School in Batavia.

Associate Judge Linda Abrahamson sentenced the 26-year-old Potochney of the 900 block of North Avenue, Aurora, to 13 years’ imprisonment in the Illinois Department of Corrections on March 29, a news release from the Office of the Kane County State's Attorney stated.

Last fall, Potochney pleaded guilty to three counts of aggravated driving under the influence and failure to stop after an accident involving personal injury or death, the release stated.

In court, Kane County First Assistant State’s Attorney Jody Gleason and Kane County Assistant State’s Attorney Christine Bayer described the crash that took place shortly after 9 p.m. Oct. 7, 2016, according to the release. It noted that Katie Jonak was riding in a left-side, rear-passenger seat of a minivan driven by her mother. Two other children were passengers in the vehicle, the three girls on their way home from a play rehearsal. At about 9:12 p.m., the minivan was northbound on Broadway Street (Route 25), south of Pierce Street, when the 2003 Cadillac DeVille that Potochney was driving on southbound Broadway crossed into the northbound lane. The van swerved to avoid the Cadillac, but Potochney struck the left side of the minivan, the release stated.

When his vehicle came to a stop, Potochney fled the scene on foot, according to police. Katie Jonak was pronounced dead a short time later at the hospital. One of the children was hospitalized for a bruised lung and other injuries; the other child was hospitalized with a broken bone, according to the release. Potochney was taken into custody a short time later by Aurora police, who noted the odors of alcohol and marijuana on him, the report stated.

The investigation determined that Potochney's Cadillac was traveling at least
75 miles per hour in a 35 miles per hour zone a moment before impact, according to the release. Potochney's blood was drawn four and a half hours later at the hospital, revealing a blood-alcohol concentration of .193, as well as the presence of tetrahydrocannabinol metabolite, according to the release. It stated that Potochney admitted to police that he had consumed six light beers, four rum drinks and smoked marijuana the evening of the crash.

According to Illinois law, Potochney must serve at least 85 percent of the aggravated DUI sentences. He receives credit for 539 days served in the Kane County jail, according to the release.

“I cannot emphasize enough that Katie’s death along with the injuries to the other girls in the minivan were absolutely preventable," Kane County State’s Attorney Joe McMahon stated in the release. "Mr. Potochney had been through treatment court, where he was given the tools and resources necessary to address his substance abuse issues. Yet a few months later, he was drunk and high when he chose to speed recklessly through downtown Aurora, showing no regard for others and ultimately killing a young child.

“This horrible crash is one of our worst nightmares, a catastrophic life-changing moment," McMahon stated. "Katie was killed by a self-centered individual who was both drunk and high. He was given a chance to live right, but he instead drank excessively, did drugs and drove recklessly. Then he ran like a coward from the crash he caused.

“No sentence will erase the pain and anguish of young Katie’s family, nor the ongoing suffering of her family, friends and the other victims … who were both seriously hurt in this crash," McMahon stated. "This defendant deserved a lengthy prison sentence for his crimes, and this sentence holds him accountable for his egregiously irresponsible choices. Mr. Potochney will have a long time to sit in his prison cell to think about what he could have done differently to prevent the tragic end to a child’s life."