Former Crystal Lake lawyer imprisoned for fatal DUI denied in attempt to shave 31 days off sentence

The motion of a former Crystal Lake attorney convicted in 2021 for driving drunk during a fatal three-vehicle crash was denied in getting 31 days shaved off his five-year prison term.

Through his attorney Thomas M. Moran, Robert Roth, 72, who is in custody at Stateville Correctional Center, filed the motion in McHenry County court.

He requested that his prison time be shortened by 31 days, the time he spent in inpatient treatment programs while released on pretrial bond, according to the motion.

While Roth’s case was pending, he was admitted to the Chicago Behavioral Hospital from June 8, 2020, through June 16, 2020, for a psychiatric evaluation and mental health treatment, according to the motion.

Roth then entered an inpatient treatment program June 16, 2020, through Alexian Brothers Behavioral Health. He stayed there until July 8, 2020, according to the motion.

On June 25, 2021, Roth pleaded guilty to aggravated driving under the influence of alcohol. He was sentenced to five years in prison, of which he is required to serve at least 85%.

His projected parole date is Sept. 19, 2025. His projected discharge date is Sept. 21, 2027, according to the Illinois Department of Corrections website.

In a motion requesting that the judge deny Roth’s request, Assistant State’s Attorney William Bruce said that although it was “commendable” that Roth “voluntarily” sought treatment while out on bond, that time in treatment was not custodial.

Roth and another man, Michael Pedretti, were driving their separate vehicles north on Route 31, approaching the Drake Drive intersection, when for unknown reasonsz Roth’s SUV rear-ended Pedretti’s Jeep, ntion or confinement was custodial,” Bruce said.

Roth’s time in treatment was not a custodial arrangement, Bruce said in his motion.

Judge Mark Gerhardt agreed with prosecutors and denied Roth’s motion, according to Bruce and court records.

Roth was convicted in connection with a June 2, 2020, crash that occurred on Route 31 near the intersection with Drake Drive in Nunda Township, according to the criminal complaint.

Roth and another man, Michael Pedretti, were driving their separate vehicles north on Route 31, approaching the Drake Drive intersection, when for unknown reasonsRoth’s SUV rear-ended Pedretti’s Jeep, according to a related wrongful death lawsuit and previous news reports.

Pedretti’s vehicle subsequently entered the southbound lane and struck a motorcycle. The driver of the motorcycle, Adam Antoni, 41, of Port Barrington, died as a result of the crash.

Antoni was a married father of three children, according to court testimony.

Bruce said Antoni’s family was aware of Roth’s attempt to have his sentenced shortened, and they objected to it.

A wrongful death lawsuit also was filed against Roth and was settled in 2022, according to court records.

Roth no longer is allowed to practice as an attorney, according to the Attorney Registration and Disciplinary Commission.