A Zion man has been charged with driving under the influence and causing a five-vehicle crash that killed an 18-year-old Waukegan man and seriously injured another teen in Beach Park.
Diego A. Valencia, 22, of Zion, was charged with two counts of aggravated driving under the influence causing a crash involving death, two counts of aggravated driving under the influence causing a crash involving bodily harm and one count of reckless homicide.
The charges stem from a multiple-vehicle crash that occurred around 11:45 p.m. on October 19 at the intersection of Lewis Avenue and Leland Avenue in Beach Park.
Lake County Sheriff’s Office Deputy Chief Christopher Covelli said deputies arrived to find five vehicles involved.
Several of the vehicles involved sustained significant damage.
An investigation showed a Toyota Avalon, driven by Valencia, was traveling southbound on Lewis Avenue just south of Leland Avenue, Covelli said.
The driver of the Toyota failed to slow down for traffic ahead and collided with a southbound Dodge Journey, driven by a 29-year-old Zion man.
Covelli said the Toyota then struck a southbound Nissan Sentra, driven by a 37-year-old woman from Waukegan.
The Toyota crossed into the northbound lanes and collided head-on with a Chevrolet Malibu, driven by Omar Gutierrez, 18, of Waukegan.
A northbound Ford Edge narrowly avoided the collision but was damaged by debris from the crash, Covelli said.
Lake County Assistant State’s Attorney Francis DeRosa said Gutierrez was found lying across the front seats and was unconscious.
A deputy tried to move him but he did not respond. He also did not initially have a pulse, DeRosa said.
A sheriff’s deputy extinguished a small fire in the Chevrolet’s engine bay.
Gutierrez had suffered critical injuries and was transported to Vista Medical Center East in Waukegan where he was pronounced dead.
Covelli said a 17-year-old Waukegan boy, who was a front passenger in the Toyota, was transported to the hospital with serious injuries.
He suffered hemorrhagic shock, intra-abdominal bleeding and a fracture to his left femur, DeRosa said. He was hospitalized for 10 days.
The driver of the Toyota was transported to a nearby hospital with minor injuries.
The driver of the Dodge was treated for minor injuries at an area hospital and the driver of the Nissan was uninjured.
DeRosa said Valencia was outside of his vehicle when first responders arrived. He was highly emotional and had difficulty speaking.
The driver of the Nissan told police her car was struck by Valencia’s vehicle from behind and she spun two times before coming to rest in a front yard.
The driver of the Ford told police he saw Valencia’s vehicle cross the center median lane and collide head-on into the Chevrolet, DeRosa said.
The driver of the Dodge told police he was suddenly rear-ended and then spun around several times.
Valencia consented to a DUI kit and a nurse collected his blood just under two hours after the crash occurred.
DeRosa said the samples were sent to a crime lab where the results showed his blood contained 13 ng/mL of Delta-9-THC, which is over twice the legal limit.
At the time of the crash, Valencia was on supervision for speeding 21-25 mph over the speed limit in a separate case.
A Lake County grand jury indicted Valencia on the felony charges last month and an arrest warrant was issued for him.
Valencia was taken into custody earlier this month on the warrant and the Lake County State’s Attorney’s Office filed a petition to detain him pending trial.
“The fact that this Defendant was on already supervision for a traffic offense, combined with his decision to ingest cannabis to the extent that he was over twice the legal limit and then drive a motor vehicle, endangered the entire community on October 19, 2024, with disastrous results,” DeRosa said.
Attorney Julio Argueta, who is representing Valencia, extensively argued for his client’s release during a detention hearing.
Argueta said Valencia is a U.S. citizen and has a full-time job at a body shop.
“It wasn’t an intentional violent act, Judge. This is an auto accident. […] my client remained at the scene, did not flee, was highly emotional and cooperated with law enforcement,” he said.
Argueta questioned why it took 10 months after blood samples were collected to bring the charges against Valencia.
Lake County Judge Michael Nerheim denied the state’s petition to detain Valencia and released him.
The judge said that while Valencia’s actions were not intentional, it was a reckless act that caused another person’s death.
“[…] you caused somebody’s life to be lost and impacted families. And that’s something that they’re going to have to deal with and you’re going to have to deal with for the rest of your life,” Nerheim said.
Valencia was placed on pre-trial supervision Level 4, ordered not to consume alcohol or illegal drugs, be subject to random testing and be on a curfew not to exceed 11 hours unless it is 24 hours.
He was also ordered to be outfitted with an alcohol monitoring device.
Valencia is scheduled to appear in court again on September 16 for an arraignment hearing.