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Trial /Sentencing

Sentencing for Mr. Schoger took place Monday August 15, 2005 at the  DuPage County Courthouse with Circuit Judge Robert Anderson's presiding in Courtroom 4012. The proceedings began with brief testimony by the arresting Naperville Police officer Mr. A. Cimilluca and the detective who led the investigation Mr. N. Liberio.  Officer Cimilluca and Detective Liberio testified regarding some of Mr. Schoger's previous crimes.  Assistant DuPage State's Attorney Mr. Mike Reidy detailed Mr. Schoger's 24 year history of crime, which included 3 felonies and a DUI arrest.   Mr. Schoger was arrested and released on April 4, 2004 (5 days before the accident) for driving without a license.

Jenny, Chris, Carol, and Milt then gave their testimony.  Although a legal restriction prevented Jenny from reading a victim impact statement, she was able to answer Assistant DuPage State's Attorney Tom O'Connor's questions about the accident and how it has affected her.  Chris read his brother Mike's statement (Mike is out of the country until September), followed by Carol and Milt's reading of  their victim impact statements. You may read our statements here.

Two Schoger family members and one friend then testified on Mr. Schoger's behalf, showing family pictures and noting his accomplishments during happier times many years ago. They were followed by two prison counselors, noting Mr. Schoger's commitment to drug rehabilitation and religious studies. Lastly, Mr. Schoger testified. He emotionally stated his remorse and regrets and asked forgiveness for taking Greg's life.

Mr. Reidy then delivered his closing argument asking for the maximum sentence of 28 years, 2 consecutive 14 year terms, one for reckless homicide and one for leaving the scene of a fatal accident.

Assistant Public Defender, Elizabeth Reed, delivered her argument asking for the minimum sentence of 6 years, 2 consecutive 3 year sentences.

Judge Robert Anderson then addressed the courtroom. He stated the sentence is just a number and is the hardest part of his job. Nothing will bring Greg back. There is no one to blame for the accident except Mr. Schoger, who made several poor choices, and whose actions alone changed two families forever, the Schoger and the Vasich families. He then gave his ruling of 8 years for leaving the scene and 10 years for reckless homicide (under the influence), totaling an 18 year sentence. Mr. Schoger is required to serve half of one sentence and 85% of the other sentence resulting in roughly a minimum of 12 years in prison. He has already served 1.3 years of that sentence, leaving about 10 more years to serve.

We left the courtroom with a sense of closure, emotionally very drained. We were supported in the courtroom during the sentencing by 11 members of our family, Jenny's 3 family members, 2 neighbors, and 3 of Greg's friends. Grief is truly divided when shared.  Now, as Jenny has said, we can put these legal issues behind us and focus our thoughts on remembering Greg.

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We wish to thank the States Attorney's office for pursuing this case so professionally and flawlessly.  We compliment our  States Attorneys Mr. Mike Reidy and  Mr. Tom O'Connor on a thorough, very detailed and respectful approach during the year preceding the trial, throughout the trial, and the sentencing. 

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We wish to thank Ms. Terrie Jacoby, our victims advocate, for providing us legal communications and emotional support.

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We wish to thank the Naperville Police Department for all the hard work by so many officers in finding and apprehending the suspect, gathering the evidence, and reconstructing the accident.

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We wish to thank Judge Anderson for his thoroughness in explaining the courtroom proceedings, the fair attention to both sides of each issue and his acknowledgment of Greg's loss to the community, our family's hardship, and outlining who is at fault.

       

The  bench trial for the driver who caused the accident that killed Greg was held in early May 2005. The Illinois State's Attorney's office issued the following press release.

States Attorney
 
May 11, 2005

 

Guilty Verdict In Naperville Reckless Homicide

Judge Robert Anderson today found defendant, Mark Schoger, 41 years old, guilty of Reckless Homicide, Aggravated Reckless Homicide, Aggravated Driving Under the Influence of Cocaine, and leaving the scene of an accident involving death to another. This finding was made at the conclusion of a five day bench trial.

These charges arose out of an accident that occurred on April 9, 2004. The victim, Gregory Vasich, 23 years old, of Naperville, Illinois, was driving home on that date from a lecture. At about 2:30 in the morning he entered the intersection of 75th and Naper Boulevard, Naperville, Illinois. He proceeded southbound on a green light. At the same time, the defendant entered the intersection in a westbound direction. The defendant was traveling 50 m.p.h. against the red light in a vehicle with no functioning brakes. A collision with the victim’s vehicle occurred and the victim sustained fatal injuries. After the crash the defendant fled the scene and watched as emergency personnel arrived. He then took a nap in an unlocked vehicle in the area, bought and ate breakfast, and was later arrested about noon that day. The evidence at trial also included the fact that the defendant admitted smoking crack cocaine the night before the accident.

"The defendant’s actions were reprehensible," said State’s Attorney Joe Birkett. "His acts took the life of a young man with a bright future. Today’s verdict hopefully will bring some measure of justice to the victim’s family. This verdict also reinforces the message that drugs and driving are a deadly combination."

State’s Attorney Birkett also praised the excellent work of his Assistant State’s Attorneys Mike Reidy and Tom O’Connor who prosecuted the case. State’s Attorney Birkett also thanks the Naperville Police Department, Naperville Fire Department, and the medical staff at Edward Hospital for their work in the investigation and prosecution of these charges.

The case is scheduled for sentencing this summer 2005. He remains in the custody of the DuPage County Jail after his bond was revoked. Defendant faces a possible penitentiary sentence of up to 28 years in the Illinois Department of Corrections.