Crest Hill man could serve less than 10 months in prison for Joliet reckless homicide

A Crest Hill man was sentenced to serve 50% of a four-year prison sentence after he pleaded guilty to the 2024 reckless homicide of a Joliet couple but he could spend less than 10 months in prison.

Will County Judge Art Smigielski issued the sentence on Tuesday for Jacoby Hamilton, 20, after he pleaded guilty to the reckless homicide of Walter “Buddy” Kretzler, 65, and his wife, Roxane Holt, 59.

Hamliton’s headlights were not on when he entered the intersection and he disregarded a red light when he drove 31 mph above the speed limit, according to prosecutors.

Smigielski also sentenced Hamilton to serve 50% of a three-year prison sentence for the 2023 offense of aggravated unlawful use of a weapon. The latter case was pending when Hamilton was charged with reckless homicide.

Hamilton will serve the sentences for the reckless homicide and weapon offenses at the same time.

Since Hamilton was credited with about 437 days already served in custody, that puts his actual time in prison to about 9.6 months.

While Hamilton’s case was pending in court, his attorneys, prosecutors and Smigielski participated in a private discussion known as 402 conferences.

In those conferences, there is discussion of case and the defendant. The judge may recommend a sentence at the end of the conference if a defendant decides to plead guilty.

On Tuesday, Smigielski said he had sympathy for the family of Kretzler and Holt and he will not insult them by pretending he understands their loss.

Smigielski said there is nothing he can do to bring back their loved ones and he must do what the law requires.

In Illinois, reckless homicide is a class 3 felony that is punishable by up to five years in prison and prosecutors contended Hamilton was eligible for an extended term of up to 10 years.

Smigielski said state law allows for probation for reckless homicide but he did not believe the minimum nor the maximum sentence would be just.

Smigielski said Hamilton has no prior criminal history, no juvenile record and he had only two traffic cases.

Susie Kretzler-Falcone, the brother of Kretzler, had asked Smigielski for the maximum sentence for the reckless homicide.

After Tuesday’s court hearing, Kretzler-Falcone said, “The judge was too lenient. Way too lenient.”

In a victim impact statement, Kretzler-Falcone told Smigielski the death of her brother and his wife was not the result of a tragic accident but a deliberate choice “made with a complete disregard for human life.”

Kretzler-Falcone said she lives in Pennsylvania, yet her bond with her brother was “sustained across states” through regular phone calls and “unwavering love,” which has been “silenced.”

“The loss of his voice in my life is like losing a part of myself. There is no replacement for that connection and there never will be,” she said.

She had a copy of a petition with more than 600 signatures urging Smigielski to impose a sentence that “reflects the seriousness of this crime.”

She said Hamilton’s choices were “reckless, callous and fatal.” She said he may receive a “lenient sentence,” which she called a “second injustice” that would “compound the pain we already endure.”

Will County Assistant State’s Attorney Aristotelis Theodorou requested the maximum sentence for Hamilton based on his fleeing the scene of the crash and his lack of consideration for the livelihood of Kretzler and Holt.

Hamilton had a passenger with him who also fled the scene, but he has never been found, Theodorou said.

He said Kretzler and Holt “never stood a chance” since Hamilton’s vehicle was speeding 31 mph above the speed limit and his headlights were not on.

Before the crash, Theodorou said Hamilton had been on pretrial release in the 2023 case involving the aggravated unlawful use of a weapon offense.

He said Hamilton has shown a “flagrant disregard” for the law and the judicial system.

Hamilton was represented by Joliet attorneys Cosmo Tedone, Jerry King and Eric Mitchell.

Tedone told Smigielski that his client is remorseful and he is taking responsibility for the incident.

Hamilton declined to say anything on his behalf when allowed to do so by Smigielski.

Tedone said Hamilton has participated in rehabilitation programs while in jail.

Mitchell said that with the 2023 weapon case, Hamilton was not accused of firing a gun or having any connection with gangs. He said Hamilton’s mother died while he was in custody, and when he was allowed to attend her funeral, he returned to jail as instructed.

Kretzler-Faclone had read a statement in court from Kretzler’s nephew, Michael Falcone, who referred to Kretzler as “Uncle Buddy.”

Falcone’s statement said he’s been suffering from depression, grief and anger from the incident, and he’ll never be able to forgive Hamilton.

“I don’t want to be a bitter, depressed and angry person I am becoming because of this atrocity, but yet here I am,” Falcone’s statement said.