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Court Sentences Man Who Damaged Batavia Cemetery to Community Service

A police officer testified that the man was on the phone with his girlfriend at the time of the cemetery car crash, according to media reports.

A 27-year-old Elgin man received a community service sentence Thursday in connection with his involvement in damaging a Batavia cemetery.

Judge Katherine Moran said Kevin A. Malone must serve 250 service hours and pay $1,700 in fines, the Kane County Chronicle reports.

Malone, of the 1600 block of Mark Avenue, was arrested on May 21, 2011, after losing control of his vehicle, , according to a report.

A total of 12 headstones sustained damage, the Daily Herald said. The West Batavia Cemetery is located off of Route 31 just south of Morton Street.

Malone was charged with the following:

  • Improper lane usage
  • Failure to reduce speed to avoid an accident
  • Operating an uninsured vehicle
  • Driving without a valid driver’s license
  • Reckless driving

The city, which paid more than $20,000 to repair the cemetery grounds, sought restitution in this case. Moran said she couldn't grant their request because the state Supreme Court has ruled that courts cannot order restitution for Illinois Vehicle Code violations, the Chronicle's story said.

The city's inability to get restitution was especially disappointing for Batavia Mayor Jeff Schielke. Three of the , as well as his grandfather.

Malone apologized for the incident during a hearing on the case in August, the Herald's story said.

Read the .

Voice of reason September 07, 2012 at 01:52 PM
No restitution can be ordered? Who then pays because this dope can't drive and has no insurance or driver's license? What is wrong with this country?

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