Addison man gets 10 years for fatal DUI
By Christy Gutowski | Daily Herald Staff

Published: 10/12/2007 4:11 PM | Updated: 10/12/2007 11:35 PM
An Addison man was sentenced today to 10 years in prison for driving drunk in a crash that killed two brothers in Elmhurst.

Rodiver Cortes, 25, tearfully apologized before learning his fate. His victims' family was not in court, but Cortes said he wished they could hear his words.

"The only friends I had died," he said. "They were something special, but God took them. I am so sorry."

Cortes faced either probation or six to 28 years in prison for aggravated DUI. He pleaded guilty July 10.

Police said Cortes was going at least 60 mph in a 30 mph zone early Oct. 8, 2006, when his black 1989 Chevy Camaro crashed into a brick-retaining wall on North Avenue and Walnut Street in Elmhurst.

He survived his injuries, but his two passengers died. Miguel Berrios-Hurtado, 26, and his young brother, Carlos, 21, were killed. The men, who lived in Arlington Heights and Hoffman Estates, were restaurant workers with Cortes.

He told police the trio was coming home after drinking at a couple Melrose Park restaurants. Cortes admitted drinking about eight beers, according to police. His blood-alcohol content was just above the legal threshold of .08. He did not have a criminal history.

"He is a good person who made a horrible mistake," said Michael Mara, a senior DuPage County public defender. "He's going to have to live with the consequences forever. He knows that, but he is not the kind of person who belongs in prison."

DuPage Circuit Judge Kathryn Creswell sentenced Cortes. Authorities said he was in the United States illegally. Cortes must serve 85 percent of the prison term, then he will be deported to Mexico.

http://www.dailyherald.com/story/?id=56258