Judge to decide sentence for Joliet woman who pleaded guilty in 2016 DUI fatal crash case

A judge will decide next week what the sentence will be for a Joliet woman who has has pleaded guilty to driving under the influence of alcohol in a 2016 crash that led to the death of a 36-year-old man.

On Tuesday, Judge Dave Carlson heard from both a prosecutor and the defense attorney for Kathy Molitor, 64, of Joliet, on what the appropriate sentence would be in her case. Following the hearing, Carlson said he needed time to digest the testimony and arguments that was provided at the hearing.

Carlson is slated to deliver his sentencing on Feb. 10.

Molitor pleaded guilty on Jan. 5 to aggravated driving while under the influence in a Sept. 18, 2016 crash that resulted in the death of Jaime Mendez, 36, of Plainfield.

Will County Assistant State’s Attorney Chris Koch recommended a prison sentence for Molitor while her attorney, Jim Ryan, contended she’s led a law-abiding life until the crash and a work-related head injury would be made worse by incarceration.

Koch said Molitor made a choice that night and it would’ve been easy for her to get a ride from her brother, Frank Schmalz, or Uber or Lyft.

“This could have been avoided that night,” Koch said.

Ryan said Molitor has taken responsibility for her conduct by pleading guilty and she has character letters from many people expressing disbelief that she was involved in a fatal DUI crash.

Ryan said the incident was an isolated one for Molitor, who has no criminal history, does not abuse alcohol and has taken therapy for her grief over the crash.

“She’s been grieving this entire time,” Ryan said.

Koch read to Carlson a victim impact statement from Mendez’s widow, Mayra Mendez. She was a passenger on her husband’s motorcycle at the time of the incident and she had also suffered injuries when Molitor’s vehicle crashed into them.

In her statement, Mayra Mendez said her husband did not have time to react when Molitor crashed into them and that she flew into the air upon impact. She later learned from a doctor that her husband did not survive the crash.

“My world collapsed,” she said.

Mayra Mendez said her husband, who was a father of two children, was the provider for their family. As a result of the incident, she said she suffers from post-traumatic stress disorder and that her children continue to live in pain without having a father in her life.

“He was involved in everything they did,” she said.

Mayra Mendez said she worries about the future of her children.

Molitor herself read a statement addressed to Carlson expressing her remorse over the deadly crash.

“I live with those haunting memories and consequences every day of my life,” Molitor said.

Molitor said she’s been a productive member since she was a child, had no brushes with the law until the 2016 crash and that she will “back the blue” because her brother – Schmalz – was a police officer.

Schmalz testified on behalf of his sister at Tuesday’s sentencing hearing. When asked by Ryan what the impact of the incident has been for Molitor, Schmalz said, “It’s been devastating. It’s crushed her.”

Schmalz was not in favor of a lengthy prison sentence for Molitor. He said she’s been in the Will County jail for a month and she’s been extremely remorseful.

“She’s never been in trouble before,” he said.