Fonseca sentenced to six years in aggravated DUI case
</element><element id="paragraph-1" type="body"><![CDATA[It was an emotional scene at the sentencing of Arnulfo "Arnold" Fonseca Thursday afternoon at the Saline County Courthouse.
Fonseca, who was convicted of aggravated DUI stemming from an incident that occurred in April 2008, was sentenced to six years in the Illinois Department of Corrections with one year of supervised release and a $1,000 fine. The judgment was handed down by Judge Walden Morris.
State's Attorney Mike Henshaw argued that Fonseca should receive the maximum extended term of 10 years for the crime, in part because his actions may have led to the death of Ashleigh Miller.
"If he had not been driving intoxicated on a revoked license that night, Ashleigh Miller would still be alive," Henshaw said.
Fonseca was charged with first-degree murder in connection with the events that occurred that night, but was found not guilty. David Nelson, who was then State's Attorney, subsequently filed charges of aggravated DUI, obstructing justice and driving on a revoked license a week after Fonseca's acquittal.
Morris ruled the charges filed after the murder trial were not the same acts for which Fonseca stood trial, and therefore do not amount to double jeopardy. Through his attorney, Morgan Scroggins, Fonseca appealed Morris' ruling to the Fifth District Appellate Court, which upheld the judgment.
Scroggins argued at the sentencing hearing the 300 days Fonseca spent in the Saline County Jail awaiting the murder trial should be applied to this case, but Morris said he did not believe he held the authority to apply time served for one charge to a case involving a different charge.
The defense asked the court for a sentence of three years.
A tearful Fonseca stood and spoke to the court, saying if he could take back what he did, he would.
"I just want to say I'll face up to what I did," said Fonseca. "I'll take what I have to for driving that night."
Henshaw seemed somewhat disappointed Fonseca did not receive the maximum sentence.
"It's a small price to pay for the death of Ashleigh Miller and in no way can it compensate her family for their loss," Henshaw said.