Aurora Township Man Charged With Aggravated DUI in Sunday's Fatal DUI Crash

Aurora Township Man Charged With Aggravated DUI in Sunday’s Fatal DUI Crash

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.

Gustavo Gutierrez-Aguilar

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Gutierrez-Aguilar showed signs of impairment, and his blood-alcohol concentration was .206 percent, and his license was revoked.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