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The woman who struck a male motorcyclist from Fox River Grove who later died from his injuries is being charged with two traffic offenses.
Ruby Castanon of Round Lake Park was charged with a misdemeanor traffic offense for driving with a suspended license, as well as a petty traffic offense for failure to yield while turning from a private drive.
The Fox River Grove Police Department had the McHenry County State’s Attorney’s Office review the case. The state’s attorney’s office chose not to pursue additional charges.
McHenry County State’s Attorney Patrick Kenneally said a felony charge for reckless driving was denied. Based on a police investigation, he said, Castanon’s view was obstructed by a van and there was no indication of her using a cellphone.
Castanon submitted to a blood test, and there was no indication of alcohol or illegal drugs in her system.
“Based on that, that does not rise to the legal standard of recklessness, which would be required to charge her with reckless driving,” Kenneally said.
In addition, Kenneally said, Castanon did not previously have a misdemeanor or felony criminal record.
Although the accident had “tragic results,” Kenneally said, as a policy, the state’s attorney’s office does not think it’s prudent to charge “otherwise law-abiding citizens” with felony offenses for a single traffic violation.
A preliminary investigation of the June 18 incident in the 900 block of Route 22 in Fox River Grove showed Castanon, driving a Honda Accord, pulled out of a shopping area and struck 56-year-old Thomas Frueh as he was traveling west on Route 22.
The Lake County Sheriff’s Office’s traffic crash investigation team assisted the Fox River Grove Police Department in its investigation into the crash. The investigation was completed several months ago, Fox River Grove police Chief Eric Waitrovich said.
Frueh was taken to Advocate Condell Medical Center in Libertyville, and Castanon was taken to Advocate Good Shepherd Hospital in Barrington.
Frueh, who suffered multiple traumatic injuries in the crash, died at 3:25 p.m. June 19 at the hospital.
Richard Naughton, the lawyer for the village of Fox River Grove in this case, said the village requested a copy of Castanon’s driving record. He added that he has been in contact with the victim’s spouse and family and has been keeping them aware of the case’s status.
Castanon’s lawyer, Rob Deters, declined to comment other than to say that his team is working toward a resolution with the village. Naughton said it’s too early to indicate what this resolution might be, however.
Castanon’s next court date is Nov. 12 at the McHenry County courthouse.