A man died and a second man was seriously injured when an SUV, driven by Marcos Corona-Vargas, 31, of Round Lake Beach, (inset) who was also seriously injured, crashed into a home in the 21300 block of West Engle Drive in unincorporated Lake Villa on December 24. | Background Photo Submitted to Lake and McHenry County Scanner; Inset: Provided

Charges have been upgraded and a judge denied pre-trial release to a man accused of driving over three times the legal limit and crashing into a home near Lake Villa, killing his friend, on Christmas Eve.

Marcos Corona-Vargas, 31, of Round Lake Beach, was initially charged with reckless homicide, a Class 3 felony, and driving under the influence, a Class A misdemeanor.

Prosecutors have since additionally charged him with aggravated driving under the influence causing death, a Class 2 felony.

Lake County Sheriff’s Office Deputy Chief Christopher Covelli said the charges stem from a crash into a home around 7:25 p.m. on December 24 in the 21300 block of West Engle Drive in unincorporated Lake Villa.

Sheriff’s deputies arrived and located a Jeep and a home that had sustained major damage.

An investigation showed Corona-Vargas, the driver of the Jeep, was traveling eastbound on West Engle Drive.

According to witnesses, Corona-Vargas’s vehicle crossed into the westbound lane of traffic and then back into the eastbound lane, Covelli said.

Corona-Vargas drove off the roadway on the south side, into a yard and the Jeep crashed into the home.

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The home was unoccupied at the time of the crash, Covelli said.

Axel Maldonado Guerrero, 22, of Round Lake Beach, who was sitting in the front seat of the Jeep, was critically injured and pronounced dead at the scene.

A man died and a second man was seriously injured when an SUV, driven by an alleged drunk driver who was also seriously injured, crashed into a home in the 21300 block of West Engle Drive in unincorporated Lake Villa on December 24. | Photo Submitted to Lake and McHenry County Scanner

Covelli said another 22-year-old Round Lake Beach man, who was sitting in one of the back seats, was seriously injured and transported to an area hospital for treatment.

Corona-Vargas suffered serious injuries and was transported to an area hospital for treatment.

Sheriff’s traffic crash investigators determined Corona-Vargas was driving under the influence of alcohol at the time of the crash, Covelli said.

He was released from the hospital on Tuesday — a week after the crash — into the custody of the Lake County Sheriff’s Office and transported to the Lake County Jail.

Lake County Assistant State’s Attorney Nicholas Shepherd said beer cans were found inside the Jeep.

The seriously injured passenger told investigators they had been drinking at a friend’s house and that Corona-Vargas had a lot of beer — approximately five or six.

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Shepherd said Corona-Vargas admitted to driving 50-55 mph in a 30 mph zone after drinking beer.

He said he lost control of the car and that there was ice on the ground.

Corona-Vargas’s blood alcohol content was 0.27, over three times the legal limit, Shepherd said. He also allegedly had cannabis in his system.

A man died and a second man was seriously injured when an SUV, driven by an alleged drunk driver who was also seriously injured, crashed into a home in the 21300 block of West Engle Drive in unincorporated Lake Villa on December 24. | Photo Submitted to Lake and McHenry County Scanner

Corona-Vargas was in a neck brace and a wheelchair when he appeared in court this week.

His attorney, Robert T. Ritacca, said that Corona-Vargas has approximately 14 staples in his head after being released from the hospital and still needs to undergo spinal surgery.

Ritacca said Corona-Vargas’ family is close with the victim’s family and Corona-Vargas’ family attended a funeral and celebration of life for the victim.

Ritacca argued for Corona-Vargas’ release pending trial and said that his client is not a danger to the community as he cannot drive due to his injuries.

“This is an incident that is very, very sad and it is an incident that is not with intent. It was not intentional. It was an incident that could not be avoided at 6 o’clock at night Christmas Eve where he hit a patch of ice,” Ritacca said, adding that the victim may still be alive if the airbags had deployed.

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The Lake County State’s Attorney’s Office filed a petition to detain Corona-Vargas pending trial.

“The defendant’s actions in this instant offense demonstrates his threat to the community as he put his life and the life of his friends in danger,” Shepherd said, adding that Maldonado Guerrero lost his life as a result of Corona-Vargas’ decision to drive under the influence.

Lake County Judge Michael Nerheim granted the state’s petition during a detention hearing Friday afternoon.

The judge said Corona-Vargas poses a real and present danger to the community and that no conditions of release could mitigate the threat.

Corona-Vargas is scheduled to appear in court again on Wednesday for a status hearing.