Fatal DUI Nets 8-Year Sentence For North Aurora Man

BATAVIA, IL — A North Aurora man agreed to an eight-year sentence in an aggravated DUI crash that killed a 61-year-old motorcyclist in 2023, the Kane County State's Attorney's Office announced.

Jeffrey Smith, 61, of West Chicago was killed on May 7, 2023, when he was rear-ended by a Chevrolet van in the 400 block of South River Street.

The next day, Kane County State’s Attorney Jamie L. Mosser announced charges including reckless homicide and two counts of aggravated driving under the influence against the van's driver, 38-year-old Luis Aca-Osorio of North Aurora.

On Monday, Mosser's office said Aca-Osorio agreed to a sentence of eight years in exchange for pleading guilty to aggravated DUI causing death. He will have to serve 85 percent of his sentence, officials said, and received credit for serving 24 days in the Kane County jail.

The class two felony could have netted a sentence of three to 14 years in prison.

Assistant State’s Attorney Katy Flannagan said Aca-Osorio was driving his van at around 5:15 p.m. in Batavia when he rear-ended Smith's motorcycle. Aca-Osorio stopped a short distance away from the crash scene and was found by officers, who conducted a test that showed his breath alcohol concentration was .204.

According to news reports, Smith was taken to Northwestern Medicine Delnor Hospital, where he later died.

"This entirely preventable traffic crash is another reminder that drinking and driving cannot only happen at any time of the day, but that it can have fatal consequences," Flannagan said in a news release. "I would like to thank the Batavia Police Department, victim advocate Linda Hagemann, Alliance Against Intoxicated Motorists Advocate Carrie Kilpatrick, and ASA Kelly Orland for their assistance in this case. I would also like to thank the victim’s family for their kindness, patience and understanding throughout this process. Today, I hope that they got the justice that they feel they deserved and can finally close this chapter of their lives to move onto the impossible task of healing the wounds left by the loss of their loved one."

According to his obituary, Smith was survived by his wife of more than 20 years, a daughter, a brother, several extended family members and two bull terriers named Maggie and Ruby.

"Jeff will be remembered for his generosity, wisdom, thoughtfulness, creativity, and humility," his obituary said. "He cared deeply for his family and friends and was always happy to help out or offer advice," and was "extremely proud" of his daughter.