Illinois man sentenced to prison for drunken driving homicide

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Jake Magee
Tuesday, August 5, 2014

ELKHORN--Daniel P. Consolo wept as his family and the siblings of his deceased friend, Kevin D. Green, told the court how he deserved a second chance.

Despite their pleas, Walworth County Judge Phillip Koss sentenced Consolo to three years in prison and four years extended supervision.

The 25-year-old Woodstock, Illinois, man crashed his car into a tree in Walworth County in June 2013, killing Green, who was his passenger and friend. Consolo pleaded guilty to homicide by intoxicated use of a vehicle earlier this year.

The Green siblings said Consolo is like a brother to them and seeing him go to prison would be like losing a part of their family again.

“The hill he has to climb is enormous,” Patrick Green, 25, said to the court. “I know Danny punishes himself every day for what he's done.”

“Forgiveness is one of the most difficult but one of the most important things in life,” sister Megan Green said.

Consolo's parents and three of his four siblings addressed the court, each apologizing to the Greens for their loss. They noted Consolo's strong work ethic, generosity and clean record.

Consolo commuted one-and-a-half hours to work and worked 10- to 12-hour days until the accident, said his mother, Candice Consolo.

He was also the first to help family, friends and strangers in their time of need, she said.

“Danny is not a terrible person,” she choked out between sobs. “He will not forget the friend he has lost.”

District Attorney Diane Donohoo noted that Consolo's pre-sentence investigation showed him to have a positive personality and social traits. She said the relationship between the families is irrelevant to the punishment.

"No one can sit here and listen to the pain of these families and not feel touched,” she said. “But the person who drinks, drives and kills has committed the most serious of drunk driving offenses. Prison has to be the sentence.”

Consolo's attorney, Patrick Cafferty, disagreed. He said Consolo deserved only probation because of his outstanding character and clean record.

With a broken voice, Consolo apologized to the judge, his family and the Greens.

“I'm so sorry for the pain I caused you,” he said.

Koss said Consolo's blood-alcohol content level was likely three times the legal limit when he crashed. Consolo, Green and two twin brothers were on their way to use the Greens' boat on a nearby lake at the time.

The judge said Consolo could have hit a jogger or bicyclist on the narrow road considering the car crashed about 7 a.m. Koss said he could see that Consolo is a good friend and son but that the case is important to more than just the families involved.

Koss took the victim's family's statements into consideration when determining Consolo's sentence, he said.

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