Oswego man sentenced to 8 years in prison for 2021 DUI crash that killed Somonauk man

An Oswego man found guilty after a deadly two-car crash that killed a Somonauk man in November 2021 has been sentenced to eight years in prison.

Oscar Cano, 37, was found guilty of aggravated driving under the influence by Kendall County Judge Jody Gleason in a March bench trial. Gleason handed down the sentence in a June 2 sentencing hearing.

Cano was sentenced to eight years in prison on one count of aggravated driving under the influence involving death and a concurrent five years in prison on one count of aggravated driving under the influence involving great bodily harm. He must serve 85% of the eight-year sentence, according to a news release from Kendall County State’s Attorney Eric Weis.

Killed in the crash was Robert Gray, 38. The crash occurred at 6:32 p.m. Nov. 21 near the intersection of Millington and Millhurst roads in unincorporated Fox Township.

“The sentence handed down doesn’t erase the trauma we’ve lived through, but it does bring a measure of justice,” Gray’s widow, Amber Gray, said in a statement to Shaw Media. “We were the ones left to carry the weight of someone else’s choices and the court acknowledged that pain. My children and I are the ones who wake up every day with this reality. No amount of time served can undo what was done, but I hope this sentence shows that harm like this has consequences — real ones. We’re still here, holding on, and today is a step toward healing."

According to the Kendall County State’s Attorney’s Office, on November 21, 2021, Cano attended a Bears game with his friend, Everette Foster. After the game, Cano drove his Ford F-150 from the game and ended up westbound on Millhurst Road approaching Millington Road.

Cano blew through the stop sign at Millhurst Road without slowing down and slammed into another vehicle traveling northbound Millington Road, the State’s Attorney’s Office said. Gray was driving a Chevrolet Silverado when he was struck by Cano’s vehicle.

Both vehicles overturned into a field after the collision. Gray was pronounced dead at the scene.

Cano and Foster were ejected from the vehicle after the collision. Foster suffered severe injuries, including almost losing an eye, and Cano was also injured in the crash.

Cano was later interviewed at the hospital by Kendall County Sheriff’s Office deputies where he admitted to alcohol and cocaine use, admitted to driving the vehicle, and admitted that he was coming from the Bears game with Foster, according to the Kendall County State’s Attorney’s Office.

His blood alcohol level was .176 when analyzed at the hospital, more than two times over the legal limit of .08.

“The complexity of this case, with the amount of DNA evidence and expert testimony, caused lengthy delays in the pursuit of justice for the Gray and Foster families,” Weis said in the release. “I hope that after these long four years, they can find some closure. We wish Everette Foster the best in the future with his continued recovery and extend our deepest condolences to the Gray family for their loss.”

At one point, Cano had contended that his passenger was the one driving the car at the time of the crash.

“The identity of the driver was the issue in this case,” Weis said in previously talking to Shaw Media about the case. “He tried to indicate that somebody else was driving the vehicle, that he was not, in essence. The judge found that we had proven that Cano was the driver beyond a reasonable doubt.”

Because of the circumstances involved, Weis said the case took longer than usual to prosecute. Neither Cano and his passenger were wearing seat belts at the time of the crash.

“Because they weren’t restrained and then the ‘I’m not the driver defense,’ it’s been kind of a burden on us to make sure that we had sufficient evidence to go forward,” he said.