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A Chicago man found guilty of reckless homicide Jan. 21 will spend four years in prison and have his driver's license suspended for four years for the crime.
Tadeusz Dylak, 57, of Chicago, was found guilty of reckless homicide, a Class C felony, after a three-day trial in Kosciusko Superior Court I in January. The maximum penalty for the crime is eight years in prison and up to $10,000 in fines.
Dylak was driving a semi-tractor-trailer May 13, 2003, and ran a red light at the intersection of U.S. 30 and Center Street in Warsaw, striking a vehicle driven by Douglas Raber.
Superior Court I Judge Duane Huffer said today he considered the mitigating circumstances, but felt that any less than four years would decrease the severity of the crime.
Members of Raber's family as well as Dylak's friends and family testified during the hour-long sentencing hearing today.
"A cold gravestone and the flag that was draped over the casket," are all his wife has left of him, said Raber's sister-in-law Patricia Hygema.
She told Huffer there were "changes made in all our lives" because of Raber's death.
"I can't express the loss I feel," said Diane Raber, Doug's wife. "My life stopped having meaning when Doug died. ...
"At no time during the trial did Mr. Dylak show remorse. At no time has he said 'I'm sorry.'...He has no sense of guilt or remorse for what he took from me and my family.
"(Dylak's wife) can visit her husband, write to him and at one point he will come back to her."
Two of Dylak's friends and fellow truck drivers spoke to the court on his behalf.
"Deep inside him, he is remorseful," said Bruno Wolaj. "I know him. ... He is hurting more inside than shown externally.
"He is a very quiet man," said Ziggy Zolnierzow. "He never cries or talks too much."
Then Dylak's wife Kathy told the court he has a mentally handicapped son from a previous marriage who he supports. Dylak also supports his wife who suffers from a spinal condition.
"He has a good heart," Kathy said. "He is responsible for two families. If he goes to jail, two families will be damaged. I don't know what I will do. Please judge, keep that in mind."
She also addressed the Raber's family. "It was a very bed terrible accident for you and us, too."
"I carry deep pain in my heart that I will carry all my life," said Tadeusz through an interpreter. "I have never hurt anybody in my life. This was a tragic accident. It is hard for me to say how much pain I feel in my heart. I ask for forgiveness and understanding."
Raber was turning left from Center Street onto U.S. 30 westbound when his Chevrolet pickup was hit in the driver's side by Dylak's eastbound semi.
Raber suffered multiple blunt-trauma injuries and was airlifted to Parkview Hospital from the crash scene. Raber, who was unconscious at the scene of the accident, was trapped in his pickup until rescue workers were able to free him.
Raber, 50 at the time of his death, was taken off life support six days after the accident, and pronounced dead at Parkview Hospital.
Witnesses to the accident told police that Dylak disregarded the red traffic signal for traffic on U.S. 30. An accident report noted Dylak was cited for disregarding an automatic signal.
A crash reconstructionist reported Dylak entered the intersection eight to 10 seconds after the light had turned red, and approximately 15 seconds after it was yellow.
Dylak plans to file an appeal. He was remanded to custody of the Kosciusko County Sheriff's Department pending an appeal. A $30,000 surety bond was set, and Dylak must surrender his passport and report to the Kosciusko County Probation Department every two weeks until the appeal.
