Lakemoor man charged in fatal DUI crash to stay in jail until trial, judge rules

A Lakemoor man accused of driving drunk before causing a fatal wreck that killed a Rockford man who was on his way home from a family wedding in October on Monday was ordered to remain in jail while awaiting trial.

Max P. McNamara, 31, was charged with two counts of aggravated driving under the influence in an accident causing death, Class 2 felonies, according to the complaint filed in McHenry County court. McNamara allegedly had three times the legal limit of alcohol in his system at the time of the early morning Oct. 1 crash near Harvard that killed DeJan Kuljanin, 21. McNamara had been out of jail since then on a misdemeanor DUI charge.

This man took my son’s life.”

—  Zlatana Kuljanin, mother of Dejan Kuljanin, said in court

McNamara was headed east on Route 173 when he crossed into oncoming traffic, prosecutors said.

McNamara first hit another vehicle that two of Kuljanin’s family members were in. That vehicle left the road and McNamara collided head-on with Kuljanin’s vehicle, police said.

Kuljanin was pronounced dead at the scene and his two family members in the other vehicle were treated for minor injuries and released at the scene, police said.

Charges against McNamara were upgraded to felonies last week and the McHenry County Sheriff’s office took him into custody on Thursday.

During Monday’s detention hearing, Kuljanin’s mother Zlatana Kuljanin implored Chief Judge Michael Chmiel to keep McNamara in jail until his trial. The hearing was held under the SAFE-T Act, which does not allow cash to be posted in order to be released pretrial.

“This man took my son’s life,” the mother said as she wept.

Zlatana Kuljanin told the judge of the pain she and her family have felt since the loss of her son who she described as “a beacon of beauty both inside and out.”

She said McNamara has been at home with his family “comfortably” since the fatal crash, including on Thanksgiving when she made her son’s favorite foods, but was too distraught to eat it.

With Christmas approaching, she questioned whether McNamara should be allowed to celebrate the holiday with his loved ones.

“Why should [McNamara] be able to enjoy Christmas with his family?” she asked, while noting that it was her son’s favorite holiday.

“This pain ... is a constant companion for the rest of our lives,” she said. “Why are we considering the possibility of letting him go home? What does it say about our judicial system to let a man who caused so much pain go free? I implore you not to release the defendant. This is not just about us but the community.”

In asking he be detained, Assistant State’s Attorney Brian Miller said just over an hour after the crash McNamara’s blood alcohol level was at .26 and that he had accelerated his speed seconds before the crash. The legal blood alcohol limit in Illinois is .08.

Miller said tests also showed that he had cocaine and amphetamine in his system.

“He is a severe risk to the community,” Miller said. “He is a danger to anybody and everybody.”

Dejan Kuljanin had no alcohol or drugs in his system, Miller said the autopsy showed.

Miller also cited that McNamara has past offenses in Wisconsin for DUI in 2017 and driving on a revoked license in 2013 showing he has “a lack of respect for authority.”

There are no guarantees, nor conditions to ensure McNamara will not drink alcohol or use illegal drugs or drive drunk, especially during the holidays, he said.

“[McNamara] is a threat to every person on the roadway,” Miller said. “He ended one life while shattering countless others.”

McNamara’s attorney David Franks asked that he be released with conditions.

Franks said McNamara has “a very strong support system at home” who would ensure he follows all conditions of his release and continues attending his court hearings.

Franks said McNamara did not miss any hearings before the charges were upgraded, works for a family business, has been attending church on-line and has completed a DUI evaluation and attended classes.

McNamara has lead a law-abiding life, and has no criminal history of aggression, bad acts, or harm to others, Franks said.

“He will not miss court and he understands the gravity of his offenses,” Franks said.

Franks also suggested fluids McNamara was given through an IV while in the hospital after the crash could have had an effect on his BAC.

In his ruling Chmiel said this “is a very traumatic set of circumstances” and noted the challenges the SAFE-T Act poses as well as the timing being during the holidays.

McNamara still is considered innocent, but, the judge said he was swayed by Zlatana Kuljanin’s statement as well as evidence of his BAC, and ordered he be detained in the county jail.

The state carried its burden of presenting sufficient evidence to hold McNamara before his trial, Chmiel said.

If convicted, McNamara faces three to seven years in prison, or if found to be eligible for extended term, he could be sentenced between seven and 14 years. He also faces up to $25,000 in fines.

The charge also is probational.

He is due back in court Jan. 11.

Editor’s note: This story has been updated to correct the name of McNamara’s attorney. It is David Franks.