Kane judge won't budge on fatal DUI sentence

Before he went to a state penitentiary, Tom Ofenloch Jr. spent 926 days in a home confinement program that allowed him to eat home cooking, watch TV, and earn about $88,000 at his full-time job.

That doesn't count as prison, a judge ruled Wednesday.

Ofenloch, 26, of Aurora, is serving a 10-year sentence for killing 21-year-olds Andrew Berger and Joshua Sutton, both of Batavia, in a alcohol-fueled crash in Sugar Grove in August 2007.

On Wednesday, he sought to receive credit toward that prison term for the nearly three years he spent on electronic home monitoring a request swiftly rejected by Kane County Circuit Judge Timothy Sheldon.

“He had the pleasure of sleeping in his own bed. He had the pleasure of home cooking. He had the pleasure of home entertainment, Sheldon said of Ofenloch. “There was no surveillance imposed on him. There was no lack of privacy.

According to court records, Ofenloch served about six months in the county jail before he was freed on a $35,000 cash bond with an electronic device meant to monitor his whereabouts while the case was pending.

Over the next two years, prosecutors said, he lived with his parents and was able to have visitors. He also was certified as a stationary engineer and went on to earn about $88,000 over two years of working for a hospital where his father also was employed.

“The state does not begrudge that money. But I don't think people in (state) custody get to work and make that kind of money, Assistant State's Attorney Greg Sams said.

Defense attorney J. Brick VanDerSnick contended home confinement should be considered a form of state custody because Ofenloch could have been charged with escape if he violated the agreement. He added that his client's effort to earn a living shouldn't be held against him.

“It shows he was a productive member of society, VanDerSnick said. “I think that's a plus.

Ofenloch pleaded guilty in February to two counts of aggravated driving under the influence and one misdemeanor count of DUI. By law, he must serve at least 8½ years.

On Wednesday, Ofenloch also sought a taxpayer-funded attorney to represent him on appeal. But Sheldon shot down that request as well, noting that Ofenloch earned nearly $150,000 altogether while his case was pending and was able to come up with $35,000 for bond.

“I would be hard-pressed to find he's indigent, Sheldon said.