Huntley man accused of driving drunk during crash that killed his passenger in Lake in the Hills

A Huntley man accused of driving drunk for a third time and causing an accident that killed his passenger, a 76-year-old married father of three, appeared in a pretrial hearing Wednesday.

Jakub Kakietek, 40, of the 10000 block of Nantucket Lane, is charged with four counts of aggravated driving under the influence, Class 2 felonies, according to information filed in McHenry County court.

Assistant State’s Attorney Steve Gregorowicz argued for pretrial detention in the county jail saying Kakietek is a danger to the community. Kakietek’s attorney, Myron Goldstin, said he has known Kakietek since he was 16 and described him as “a decent person” who has developed a “serious alcohol problem” but is not a danger.

According to the prosecutor, on July 13, Kakietek was intoxicated while driving a vehicle north on Pyott Road in Lake in the Hills; he lost control of his vehicle and swerved into oncoming traffic, hitting a Nissan SUV. The passenger side of Kakietek’s vehicle struck the bumper of the oncoming car and killed his passenger, Zdzislaw Klimentowski of Chicago. Klimentowski was pronounced dead at the scene. Both men were trapped inside the vehicle and had to be extricated. The driver of the other vehicle was taken to a hospital and treated for non-life-threatening injuries, the prosecutor said.

Klimentowski was described in court as an acquaintance of Kakietek.

Witnesses said they smelled a strong odor of alcohol coming from Kakietek and he admitted to police he had been drinking, Gregorowicz said. Kakietek, who had a bandaged right arm and used a walker during Wednesday’s hearing, also was taken to a hospital from the scene. Gregorowicz said Kakietek had a blood-alcohol level of .206.

“He poses a real danger to everyone on the road,” Gregorowicz said.

The prosecutor said Kakietek has two past DUI cases, receiving supervision for one and probation for the other. He also has had multiple moving violations and a conviction for driving on a suspended license, which was suspended for about 15 years, Gregorowicz said. Kakietek was charged with his second DUI and ticketed for a speeding while his license was suspended but got his license back in 2022 “and now [he has a] third DUI and someone died,” Gregorowicz said.

Goldstin said Kakietek is a married father of four and a successful business owner. He has an operation scheduled for his wrist and may need surgery for his pelvis. The attorney said Kakietek “is not a danger to anyone” and if released, he has a wife and others who will drive him to his doctor appointments and court.

“He’s not going to drive judge, that’s for certain,” Goldstin said, adding that detaining Kakietek in the county jail would be “an undue hardship,” mentally and physically.

“He needs to care for his family and his business” and he needs access to his phone for business contacts, Goldstin said.

Gregorowicz countered Goldstin’s claim of “undue hardship,” with the prosecutor noting that “there is somebody dead” whose family is suffering “a real hardship.” The prosecutor also said all his injuries are of his own making, so arguing that detaining him in jail places an “undue burden on him doesn’t hold a lot of water.”

In reviewing whether to release Kakietek while he awaits his trial, Judge Carl Metz said: “The community at large is at risk when the defendant gets in a car and drives.”

Still, Metz allowed Kakietek’s release but set additional conditions, including that he not drive or drink alcohol. He is to be equipped with a continual alcohol monitor and is forbidden from leaving the state or having contact with the driver of the Nissan or with Klimentowski’s family. The judge also ordered Kakietek to receive an alcohol evaluation.

Conviction on a Class 2 felony comes with a sentence of probation or up to seven years in prison and $25,000 in fines.