A Cook County judge on April 4 sentenced Brookfield resident Thomas J. Postulka to 12 years in prison for driving drunk and killing an elderly couple as they crossed the street on their way to church in 2007.
Judge Carol Kipperman rejected a request for lenience from defense attorney Ed Wanderling, who asked that Postulka be sentenced to either probation or the legislative minimum of six-years in prison. The judge said, probation “is not an option.”
“For the protection of the public, I feel that the defendant should be incarcerated,” Kipperman said prior to imposing the sentence.
Unless that sentence is appealed or overturned by a higher court, Postulka will remain behind bars for at least 10 years. Illinois statute requires aggravated DUI offenders to serve at least 85 percent of their sentences.
Postulka, 46, sobbed throughout an apology he read to the family of Francis and Helen Lilly, the couple he ran down on Jan. 22, 2007, as the two walked arm in arm across the street in the 4000 block of Prairie Avenue in Brookfield. The Lillys were on their way to St. Barbara Church where they planned on attending a prayer service.
“I am so very sorry for taking Mr. and Mrs. Lilly away from you, and I sincerely apologize and regret the pain and suffering they went through,” Postulka said. “I know I can’t change things, but I’m going to keep praying for them and for you as a family.”
Wanderling pointed to the fact that other than the alcohol-related offenses, Postulka had a clean criminal record and was otherwise a man who spent his time helping the disabled through his job as a power wheelchair technician.
“Let’s take this tragedy and get something positive out of it,” Wanderling said. “A misjudgment? Yes. This was not an intentional crime.”
But Assistant State’s Attorney Jamie Santini scoffed at the defense’s plea for intensive probation.
“If the facts of the case weren’t so tragic, that request would be laughable,” Santini said.
“This guy is a walking advertisement for recidivism. This cries out for a sentence that states unequivocally, ‘Enough is enough.'”
Santini requested the judge sentence Postulka to 25 years in prison.
Two of the Lillys’ three children-Lisa and Keith Lilly-made statements in court regarding the loss of their parents at Postulka’s hands.
“Each time I hear a siren, I imagine my mom lying in the street,” said Lisa Lilly, who described what it was like to see her father struggle to recover from his injuries. Helen Lilly, 83, was killed the night of the crash. Francis Lilly, 88, died six weeks later.
“I couldn’t think of anything worse for my father, who was so active all 88 years of his life and whose mind was so sharp, to be so sick,” she said.
Keith Lilly said that his mother “set a benchmark for living an unselfish life.”
“This is what we have lost, a person who always pushed every one of us to think about the direction of our lives and take responsibility for our own good as well as everyone around us.”
Postulka’s father, Joseph, testified on behalf of his son. He described Thomas, the youngest of five children, as having deep remorse about the crash. Thomas Postulka, who has battled heath problems since childhood, worked as a wheelchair repair technician, one who befriended clients and would spend his own time and money to help get their means of transportation in working condition.
In a videotaped statement, Dee Storino, a former employer of Postulka’s, described him as “the gentle giant in our organization. Tom was a very caring person.
“There has been a lot of good society has gained from his expertise,” Storino added. “This is a person who truly has a lot to contribute back to society.”
Former police officer Pete Mascillino, who was confined to a wheelchair after being disabled, related in a videotaped statement that Postulka befriended him and went out of his way to help.
“I think he’s a heck of a guy,” Mascillino said. “Once you knew Tom, you had a friend for life.”
Members of Postulka’s family declined to comment on the sentence handed down by Kipperman. Wanderling said he was not sure whether he would appeal the sentence.
“I have to talk to the family,” Wanderling said.
Postulka, who has been in Cook County Jail since the 2007 incident, pleaded guilty to two counts of aggravated driving under the influence on March 14. He was facing up to 28 years in prison due to the fact that he killed two people.
Kipperman said she might have considered probation for Postulka if this had been his first DUI offense. However, Postulka received court supervision for a DUI in LaGrange Park in December 2001 and had been arrested and charged with DUI on Jan. 20, 2007, in North Riverside, just two days before he killed the Lillys.
In the North Riverside incident, Postulka allegedly lost control of his car and drove it into a street light at the intersection of Cermak Road and First Avenue, knocking the light pole to the ground and totaling his car. His blood-alcohol was reportedly .20 in that incident. That case is still pending.
He was driving his brother’s vehicle at the time of the Jan. 22 incident. Off-duty Chicago Police Officer Patrick Tode happened to be following Postulka on Prairie Avenue when Postulka struck the couple, sending Francis Lilly flying toward the curb and dragging Helen Lilly for a time.
Postulka attempted to flee the scene but Tode pursued him and was able to stop him two blocks away. A breath test revealed that Postulka’s blood-alcohol level was .161, which is over twice the legal limit of .08.
“I also considered the defendant’s conduct that night in driving away,” Kipperman said just before announcing her sentence.
“If not for the actions of Officer Tode the defendant may have gotten away with his conduct all together.”
