North Aurora driver pleads guilty in fatal DUI crash

A North Aurora man pleaded guilty to one count of felony aggravated DUI causing death in exchange for eight years in prison, officials announced in a news release.

Associate Kane County Judge Julia Yetter accepted the plea agreement for Luis Aca-Osorio, 40, of the 100 block of Dee Road, North Aurora, Sept. 23, court records show.

Motorcycle rider Jeffrey Smith, 61, of West Chicago, was killed May 7, 2023 in Batavia after the Chevrolet van Aca-Osorio was driving rear-ended him. The crash occurred shortly after 5 p.m. while both were traveling south in the 400 block of South River Street, officials said in a news release at the time of Aca-Osorio’s arrest.

Smith was thrown from the motorcycle and was critically injured. He was taken to Northwestern Medicine Delnor Hospital in Geneva where he later died, according to the earlier release.

Aca-Osorio’s blood alcohol content was measured at 0.204%, according to the release, more than 2.5 times the legal limit of 0.08%.

“This entirely preventable traffic crash is another reminder that drinking and driving cannot only happen at any time of the day, but that it can have fatal consequences,” Assistant State’s Attorney Katy Flannagan said in the release. “Driving Under the Influence will not be tolerated in Kane County, and I believe that this negotiated sentence sends that message clearly.”

Flanagan, who prosecuted Aca-Osorio, also thanked the Batavia Police Department, victim advocate Linda Hagemann, Alliance Against Intoxicated Motorists advocate Carrie Kilpatrick and Assistant State’s Attorney Kelly Orland for their assistance.

“I would also like to thank the victim’s family for their kindness, patience and understanding throughout this process,” Flanagan said in the release. “Today, I hope that they got the justice that they feel they deserved and can finally close this chapter of their lives to move onto the impossible task of healing the wounds left by the loss of their loved one.”

Aca-Osorio had initially been charged with two counts of reckless homicide, four counts of aggravated DUI causing death, all felonies.

He had also been charged with misdemeanor and petty offenses of driving under the influence, having a blood alcohol content greater than 0.08%, transportation of open alcohol, driving too fast for conditions and failure to give information or aid to an injured person.

Under Illinois law, Aca-Osorio must serve 85% of the sentence. He also will received credit for 24 days he served in the Kane County jail, according to the release.

The sentencing range for aggravated DUI causing death, a Class 2 felony, is three to 14 years in prison, according to the release.