Robert A. Roth, 72 (inset), was sentenced to five years in prison for driving under the influence during a three-vehicle crash in Crystal Lake on June 2, 2020 that left a motorcyclist dead. | Background Photo: Alex Vucha

A judge rejected a former Crystal Lake attorney’s request to have his five-year prison sentence reduced for driving drunk and causing a crash that killed a motorcyclist in Crystal Lake.

Robert A. Roth, 72, of Crystal Lake, was indicted on two counts of aggravated driving under the influence causing death, a Class 2 felony, and two counts of driving under the influence, a Class A misdemeanor.

The McHenry County State’s Attorney’s Office reached a negotiated plea deal with Roth.

In June 2021, Roth pleaded guilty to one count of aggravated driving under the influence causing death, a Class 2 felony, in exchange for his other charges being dismissed.

McHenry County Judge Robert Wilbrandt approved the plea deal and sentenced Roth to five years in the Illinois Department of Corrections (IDOC). Roth will also have to pay $2,609 in court fees and fines.

Wilbrandt ordered Roth to serve his sentence at 85% under truth-in-sentencing guidelines and also ordered Roth to undergo a substance abuse program, court documents show.

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The charges stem from a June 2, 2020, crash that left Adam M. Antoni, 41, of Port Barrington, dead on Route 31 south of Drake Drive in Crystal Lake.

Crystal Lake Deputy Police Chief Thomas Kotlowski said at the time that a black Ford SUV, driven by Roth, was traveling northbound on Route 31 when it collided with a silver Jeep SUV that was also traveling northbound.

The Jeep crossed into the southbound lane of traffic where it crashed into a motorcycle, driven by Antoni.

Antoni was transported to Northwestern Medicine Hospital in McHenry where he was later pronounced dead, Kotlowski said. Antoni left behind three children.

Roth was found to be driving with a blood alcohol content level of more than 0.08, which is over the legal limit.

Roth was a registered lawyer at the time of the incident, but the Attorney Registration and Disciplinary Commission shows he is disbarred on consent due to the conviction.

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In January, Roth filed a motion asking the court to reduce his sentence by 31 days for the time he sought psychiatric treatment while out on bond before he pleaded guilty.

Roth underwent treatment at the Chicago Behavioral Hospital from June 8, 2020, through June 16, 2020, court documents show.

From June 16, 2020, through July 8, 2020, Roth underwent inpatient treatment at Alexian Brothers Behavioral Health.

State law says that a court may give credit to a defendant’s sentencing term for the number of days spent confined for psychiatric or substance abuse treatment before judgment.

However, the court must find that the detention or confinement was custodial.

Prosecutors argued that Roth was not in custody when he voluntarily sought treatment at both behavioral hospitals.

“During this time period, the defendant was released on bond. The defendant could have discharged himself from the hospitals at any time. Further, the defendant’s release was not even conditioned on seeking treatment on his own,” prosecutors wrote in response to Roth’s motion.

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“While seeking treatment is commendable, the defendant is not entitled to credit for time he spent, voluntarily and on bond, seeking treatment for his issues when he was not in custody, nor is he entitled to request such time credit under applicable law,” prosecutors added.

McHenry County Judge Mark Gerhardt agreed with prosecutors and denied Roth’s motion to reduce his five-year sentence.

Roth remains in custody at the Stateville Correctional Center, prison records show.