Jakub Kakietek

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, 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.

Kakietek admitted to police he had been drinking, Gregorowicz said. Kakietek, who had a bandaged right arm and used a walker during Wednesday’s hearing, 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, 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.

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.