An Aurora Township man faces multiple felony charges after a Sunday evening traffic crash that resulted in the death of 29-year-old Lazaro Rosas-Garcia of Aurora.
Kane County State’s Attorney Jamie Mosser has charged 35-year-old Gustavo Gutierrez-Aguilar with:
- Two counts of aggravated DUI/crash causing death, a Class 2 felony.
- Aggravated DUI/third violation, a Class 2 felony.
- Aggravated DUI/third violation – BAC .16 or higher, a Class 2 felony.
- Two counts of aggravated DUI/license suspended or revoked, a Class 4 felony.
- Reckless homicide – motor vehicle, a Class 4 felony.
Kane County prosecutors allege that the evening of Dec. 13, 2020, Gutierrez was driving a red 2007 Ford Mustang in the vicinity of Mountain Street and Austin Avenue in Aurora Township.
Rosas-Garcia was a front-seat passenger in the car. Sometime around 6 p.m. the car struck a tree. Rosas-Garcia was unconscious and not breathing when police arrived. He was taken to a nearby hospital where he was pronounced dead.
Investigators noted that Gutierrez-Aguilar showed signs of impairment, and his blood-alcohol concentration was .206 percent, and his license was revoked.
Gutierrez-Aguilar appeared Dec. 15, 2020, in Kane County bond court. His bail is set at $500,000, with 10%t ($50,000) to apply for bond. His next court appearance is set for 9 a.m. Dec. 17, 2020, in Courtroom 217 at the Kane County Judicial Center.
The charges against Gutierrez-Aguilar are not proof of guilt. Gutierrez-Aguilar is presumed innocent and is entitled to a fair trial in which it is the state’s burden to prove his guilt beyond a reasonable doubt.
SOURCE: Kane County State’s Attorney’s Office news release