Oct. 02--An Illinois State University student who fatally struck a fellow student with his car was found guilty of felony aggravated driving under the influence Thursday.
Joshua Dunn, 22, of Lombard, hit Benjamin Allison with his car in downstate Normal in January and later told authorities that he kept driving because he didn't realize he'd struck a pedestrian.
Allison, 20, a Crystal Lake South High School graduate and an ISU sophomore, never regained consciousness and died days later.
Last week, Dunn also was found guilty of misdemeanor DUI and three petty driving offenses, but the McLean County judge waited to rule on the most serious charge. In July, Dunn also pleaded guilty to a felony charge of failure to report an accident involving death. Authorities said Dunn had marijuana in his system at the time.
Dunn, who had been studying music therapy, now faces 7 to 29 years in prison, but could also receive probation if the judge finds "extraordinary circumstances" when Dunn is sentenced Nov. 20, his lawyer Brendan Bukalski said.
"We honor the judge's verdict although we disagree with it," the attorney said. "We are confident the judge will find extraordinary circumstances exist to give Josh probation. ... You cannot bring Mr. Allison back by warehousing a kid like Josh and ruining his life too. He's never been in trouble ... he's always shown remorse."
McLean County State's Attorney Jason Chambers called the situation "tragic" but also called the crash "avoidable."
"It's important that when a tragic death happens, we have to be fairly harsh on them. ... Being an extraordinary person does not rise to the level of an extraordinary circumstance," he said.
The judge denied prosecutors' motioned Thursday to revoke Dunn's bond and he was allowed to return home to the Chicago area with his parents while he awaits sentencing.
His lawyer said that Dunn was released on bond in May, he has attended alcoholics and narcotics anonymous classes and mental health counseling. He also has been banned from driving, wears an electronic alcohol detection monitor and has been "100 percent compliant," Bukalski said.
Allison, who, like Dunn, was an only child, was a broadcast journalism major and high school hockey goaltender who had become a referee for college and junior league hockey games.
Joey Bower, a fellow ISU student from Crystal Lake and longtime friend and hockey teammate of Allison, said Allison's death has made him "want to try to be more responsible in everything I do."
"I don't want this to happen again," Bower said. "This shows how precious life is."
Amanda Marrazzo is a freelance reporter.
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