Wonder Lake man was convicted in fatal boat crash in 2008. Should that affect his sentence in newer DUI?

A McHenry County judge will decide at the sentencing of a Wonder Lake man whether he now is guilty of his second or third offense of driving under the influence of alcohol, given he was convicted in 2010 for causing a fatal boat crash while drunk.

Ricky McGuire, 69, was charged in 2022 with what prosecutors say is his third DUI, making it a Class 2 felony, while defense attorney Frank Quatrino has argued the offense was McGuire’s second DUI, which would make it a Class A misdemeanor. He had another DUI conviction in 1989, records show. The question now is whether a boat should be considered a vehicle as it relates to McGuire’s record.

In March, McGuire pleaded guilty to aggravated DUI, a Class 2 felony. After the question was raised of whether this offense should be considered his second or third DUI, and whether he should be sentenced under misdemeanor or felony guidelines, McGuire was allowed to have that guilty plea thrown out. As a formality, the case was then heard in a bench trial before Judge Mark Gerhardt. Both sides stipulated to the facts of the 2022 DUI, and Gerhardt found McGuire guilty.

However, the class of the offense was not addressed. The matter will be argued at McGuire’s sentencing, set for Jan. 29. At the sentencing, prosecutors must prove that McGuire’s conviction for the 2008 boating accident that killed a 21-year-old woman falls under the same statutes for DUI involving a vehicle, which would make the current case McGuire’s third DUI conviction, prosecutors said.

Sentencing on a Class 2 felony is three to seven years in prison. The conviction also is probational. Sentencing for a Class A misdemeanor is a year in county jail and fines of $2,500.

Prosecutors said in a news release at the time of McGuire’s latest charges that, on May 28, 2022, a deputy with the McHenry County Sheriff’s Office discovered his vehicle crashed into a fence surrounding a home in Wonder Lake. As the deputy walked up to the vehicle, he saw the brake lights and reverse lights turn on. The vehicle began to back up before it went forward and crashed into the fence again, police said.

Authorities said McGuire repeated that action four more times before the deputy was able to get his attention. The deputy smelled alcohol and saw McGuire’s eyes were bloodshot and glassy, officials said. McGuire, who was not injured, was taken to the hospital, where a blood test showed he had a blood-alcohol concentration of .354, according to a motion filed in the McHenry County court. The legal limit is .08.

McGuire had earlier been convicted of being drunk when he drove a boat on Wonder Lake and crashed into another watercraft just after midnight July 6, 2008. The crash killed Nicole Jurgens of Wisconsin, according to the 2008 indictment filed in McHenry County court.

About 1½ hours after the fatal boat crash, tests showed that McGuire had a blood-alcohol concentration of 0.179, according to court documents. The crash also injured Dave LeBrecht, the boat’s pilot and a family friend, according to testimony from McGuire’s 2010 jury trial. LeBrecht, who was using a lantern for illumination to attract catfish, was thrown from the boat. He suffered injuries that were not life-threatening, according to testimony.

McGuire’s defense attorney said alcohol did not cause the crash; rather, it was due to LeBrecht’s boat not being properly lit. At the time of the boat crash, McGuire worked as a boat driver for the Wonder Lake ski team, according to earlier reports. McGuire was sentenced to 10 years in prison in that case.

Jurgens attended McHenry High School - West Campus and was described in an online obituary as someone who enjoyed animals, fishing and caring for young children, “especially the exceptional child.”

When McGuire was first charged in his latest DUI case, Jurgens mother, Suzanne Jurgens, also in court Tuesday, said she was “disappointed.” When he first entered his guilty plea she said she and Nicole’s dad hoped he would find God.

On Tuesday, Nicole Jurgens' uncle, Doug Stitt, said in an email: “The family was disappointed [McGuire] did not accept responsibility for his actions.”

“For this has prolonged the process for us all,” Stitt said. “Nicole has been deeply missed and this has opened us to having to re-grieve her death. We are a family that believes in forgiveness and redemption and our greatest hope is that Rick McGuire will look to God for his redemption and forgiveness.”