Victim's family endorses plea deal for Antioch chef

Full story: Daily Herald 168
David P. Maish, 40, of Spring Grove, has been sentenced to 18 months in jail when he is not working or going to treatment and is required to serve 30 months on probation. Full Story
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jailmaish

Arlington Heights, IL

#1 Aug 19, 2011
HE KILLED SOMEBODY. why is he not in jail for a long time? when his business was in des plaines he had an affair with a married employee who has 2 children. david does not care about any body but david. it is an act keep himself out of jail. he was not sorry about breaking up that family in des plaines and i can't believe he's sorry about breaking up the balderos family.
Calm Down

Lake Villa, IL

#2 Aug 19, 2011
jailmaish wrote:
HE KILLED SOMEBODY. why is he not in jail for a long time? when his business was in des plaines he had an affair with a married employee who has 2 children. david does not care about any body but david. it is an act keep himself out of jail. he was not sorry about breaking up that family in des plaines and i can't believe he's sorry about breaking up the balderos family.
I know David and you are completely wrong. He is devastated. David IS going to jail, and David's life will never be the same. Try some kindness. The Balderas family gets it. Why don't you?
Patti

Lake Zurich, IL

#3 Aug 26, 2011
He never set out to kill anyone, he is a kind and loving man. He is truly destroyed by this and will never be the same. No one is a winner in this, David will serve his time, do his probation and community service and after that it will never leave him, he will be damaged for the rest of his life. People like you "jailmaish" can never move forward until you put the hatred behind you. It was an accident a terrible accident.
either way

Bensenville, IL

#4 Aug 29, 2011
Patti wrote:
He never set out to kill anyone, he is a kind and loving man. He is truly destroyed by this and will never be the same. No one is a winner in this, David will serve his time, do his probation and community service and after that it will never leave him, he will be damaged for the rest of his life. People like you "jailmaish" can never move forward until you put the hatred behind you. It was an accident a terrible accident.
To play devil's advocate here, do drunk drivers ever set out saying, tonight I'm going to kill someone? I'm guessing not. Arguing that they didn't mean it doesn't mean they didn't do it.

I don't know the victims family and I HAVE eaten in the place and have no vested interest either way.

While a few posters seem fixated on extracting revenge for a family who hasn't demanded it themselves, I can't say I'm one of them. The family's motivation for not seeking a stiffer penalty can only be speculated on and the sentencing is done.

Personally, I'm not entirely please with the outcome but that doesn't matter now, does it?

"and after that it will never leave him, he will be damaged for the rest of his life."???????? IT SHOULD! HE HAD BETTER! FOREVER! Still doesn't make it right.

Please don't mistake concern over justice and public safety as hatred. It's statements like this that make me wonder the motivation of YOUR remarks.
either way

Bensenville, IL

#5 Aug 29, 2011
I do wish both the victim's family AND his family well and offer my sympathy. They will each need the support of many while dealing with the effects of this event.

Since: Nov 10

Grand Rapids, MI

#6 Aug 29, 2011
In my opinion, its not necessarily a case of hatred. How are we supposed to prevent future tragedies by being lenient with a drunk driver, especially one who kills someone? There needs to be consequences, and they need to be obvious to society, to prevent others from drinking while on narcotic painkillers, choosing to drive after drinking, and then paying more attention to their phone than the road.

Where's the deterant to others if his punishment is not stiff? What if the next drunk driver kills your family member or child? Would you still be preaching kindness and sympathy?

Zero tolerance for drunk drivers in my mind.
either way

Bensenville, IL

#7 Aug 29, 2011
itsmekay wrote:
In my opinion, its not necessarily a case of hatred. How are we supposed to prevent future tragedies by being lenient with a drunk driver, especially one who kills someone? There needs to be consequences, and they need to be obvious to society, to prevent others from drinking while on narcotic painkillers, choosing to drive after drinking, and then paying more attention to their phone than the road.
Where's the deterant to others if his punishment is not stiff? What if the next drunk driver kills your family member or child? Would you still be preaching kindness and sympathy?
Zero tolerance for drunk drivers in my mind.
Exactly!

When some complain about an easy punishment and others defend that person because he is a "good person" and "he'll remember this always", it only leads down a path I'd rather not debate. No way to win, only to evolve into the typical ANTIOCH NEWS TOPIX garbage.

The defender should place themselves into the position of having their child taken by a drunk driver. Afterward, we can all debate whether or not the guy was liked or he was a friend.

I find it silly that anyone would take the time to try to justify this light punishment for any reason and not take offense to it.

But he's a great guy.

I know we all make mistakes and I am a forgiving person by nature but I can't take the side of "he is a nice guy" like the second poster.

Can't win either way. Let the guy run his place and go to jail at night. I can't help but have the opinion that there is a big pay day coming for someone on this. I guess I'd want the person out running the business too if would lead to me recovering in or out of court. I'm sure he's a great person but the above is just my opinion.
jailmaish

Arlington Heights, IL

#8 Jan 7, 2012
to the posters calm down(8-19),patti(8-26)& eitherway(8-29)again i will say this "kind and loving man" not only distroyed the banderos family but also mine by having an affair with my wife(married with 2 children). i get it and have moved on but my 2 children still wonder why this "kind loving man" did this to our family. at that time he was not on any strong mind altering medication. i seriously doubt he is sorry for that affair. for you people that think he is so kind and loving,ask him about why he did that also. so yes there is hatred involved in my last posting.
Mystery Man

Fox Lake, IL

#9 Jan 7, 2012
Everyone is a nice guy to somebody as well as a jerk to others.
In my case its hadly a 50/50 split.( oh well )

So in light of that you have to look at the real evidence in this case.
1 ) he had a alcohol level of .142 way way above the legal limit
2 )he had prescription painkillers also in his system any fool knows you don't mix those with alcohol
3 )he was composing or receiving a text message on his cellphone at the time of the crash.
4 )The investigation also showed Maish had sufficient time to see Balderas and avoid hitting him, but there were no skid marks or other indications Maish had done so.

There is no way you can give a person like that a light sentence.
He should serve the max or at least close to it.

As for him cheating that is a totally different situation not related to this case.
Shame on him for busting up a marriage.
No one should ever do that. There hopefully is a place in hell just for those who destroy families.
Ye who cast stones

United States

#10 Jan 7, 2012
Mystery Man wrote:
Everyone is a nice guy to somebody as well as a jerk to others.
In my case its hadly a 50/50 split.( oh well )

So in light of that you have to look at the real evidence in this case.
1 ) he had a alcohol level of .142 way way above the legal limit
2 )he had prescription painkillers also in his system any fool knows you don't mix those with alcohol
3 )he was composing or receiving a text message on his cellphone at the time of the crash.
4 )The investigation also showed Maish had sufficient time to see Balderas and avoid hitting him, but there were no skid marks or other indications Maish had done so.

There is no way you can give a person like that a light sentence.
He should serve the max or at least close to it.

As for him cheating that is a totally different situation not related to this case.
Shame on him for busting up a marriage.
No one should ever do that. There hopefully is a place in hell just for those who destroy families.
The trial is over. The man is suffering. His family is suffering. The person he hit is in Heaven and his family, while suffering, has asked for leniency for the man. What part of that do you not understand? What else is there behind this case that you are not aware of? Who anointed you judge and jury? What are you guilty of?

Go find something productive to do to better yourself.
jailmaish

Arlington Heights, IL

#11 Jan 8, 2012
btw what is he doing to honor jimmy balderos like he is suppose to do? and to he who cast stones, i have never killed anyone or broke up a family by sleeping with a married woman with kids.they go hand in hand because they show his character of not caring. his family might be suffering, but i don't think he is.
Mystery Man

Fox Lake, IL

#12 Jan 8, 2012
Ye who cast stones wrote:
<quoted text>
The trial is over. The man is suffering. His family is suffering. The person he hit is in Heaven and his family, while suffering, has asked for leniency for the man. What part of that do you not understand? What else is there behind this case that you are not aware of? Who anointed you judge and jury? What are you guilty of?
Go find something productive to do to better yourself.
I only stated the FACTS as presented in the article.
That is EXACTLY what a jury is faced with in deciding guilt or innocence in a trial.
What part of that do YOU not understand ?
What part of the FACTS in the case are YOU not aware of ?
Who appointed YOU to judge and jury another poster ?
What are YOU guilty of ?
Yeah see how easy that is.
This is a FORUM got that. Its a forum.
A forum is a place where people posts their comments bout newsworthy topics openly.
If you can't understand how an open forum works then maybe you need to read topix's TOS.
what

United States

#13 Jan 8, 2012
Mystery Man wrote:
<quoted text>
I only stated the FACTS as presented in the article.
That is EXACTLY what a jury is faced with in deciding guilt or innocence in a trial.
What part of that do YOU not understand ?
What part of the FACTS in the case are YOU not aware of ?
Who appointed YOU to judge and jury another poster ?
What are YOU guilty of ?
Yeah see how easy that is.
This is a FORUM got that. Its a forum.
A forum is a place where people posts their comments bout newsworthy topics openly.
If you can't understand how an open forum works then maybe you need to read topix's TOS.
The trial is over
The verdict is in
The sentence has been handed down so your posts are actually invalid. Maybe if you read the article associated with the topix you would understand the posters sentiments.

Yes, you are correct, it is a forum so it is assumed that people will actually disagree with your posts

I for one, hope Mr Maish uses this time to assess the mistakes he has made in his life, ask for forgiveness where necessary, and move
forward with his life. I also think jailmaish should let his anger towards Mr Maish go, so he can move on with his life also.
Antioch

Antioch, IL

#14 Jan 8, 2012
Mystery Man wrote:
Everyone is a nice guy to somebody as well as a jerk to others.
In my case its hadly a 50/50 split.( oh well )
So in light of that you have to look at the real evidence in this case.
1 ) he had a alcohol level of .142 way way above the legal limit
2 )he had prescription painkillers also in his system any fool knows you don't mix those with alcohol
3 )he was composing or receiving a text message on his cellphone at the time of the crash.
4 )The investigation also showed Maish had sufficient time to see Balderas and avoid hitting him, but there were no skid marks or other indications Maish had done so.
There is no way you can give a person like that a light sentence.
He should serve the max or at least close to it.
As for him cheating that is a totally different situation not related to this case.
Shame on him for busting up a marriage.
No one should ever do that. There hopefully is a place in hell just for those who destroy families.
Mystery Man bla bla bla bla. You need to put your 2 cents into every thing said . Is there any thing that you don't know or need to let us know that you think you know.
forgetaboutit

Racine, WI

#15 Jan 8, 2012
Im just wondering why the husband who keeps posting on here and is obviously angry, why isnt he putting any of the blame or responsibility on his wife for the affair?? It takes two to have an affair. And usually when a wife decides to have an affair, its not about anything the husband necessarily did wrong, its about her, something personal she was going through. So if your going to blame the "other man" thats really unfair. You need to look at your wife, who she was, what she was really all about, and what she was going through, that may have made her decide to participate in an affair. And stop picking on mysteryman he's one of the few who makes any sense on here, and hes one of the few with enough guts to tell like it is.
Mystery Man

Fox Lake, IL

#16 Jan 9, 2012
forgetaboutit wrote:
Im just wondering why the husband who keeps posting on here and is obviously angry, why isnt he putting any of the blame or responsibility on his wife for the affair?? It takes two to have an affair. And usually when a wife decides to have an affair, its not about anything the husband necessarily did wrong, its about her, something personal she was going through. So if your going to blame the "other man" thats really unfair. You need to look at your wife, who she was, what she was really all about, and what she was going through, that may have made her decide to participate in an affair. And stop picking on mysteryman he's one of the few who makes any sense on here, and hes one of the few with enough guts to tell like it is.
Thank you for the kind words.
You pointed out a good point. There are always more then one side to any issue.
The wife shares in the blame too if she is also in a cheated relationship.
That's what makes topix a topic driven forum.
Whether we agree or disagree EVERYONE has a right to post their opinions.
The more diverse the opinions the better the topic is.
It would be just another useless internet blog instead of a forum if everyone had exactly the same views.
just another post

Woodstock, IL

#17 Jan 9, 2012
i hardly think takeing another life could be considdered a dam misstake i call it murder may be premedatatied no winners here all involved loose
Children of the sea

United States

#18 Jan 9, 2012
What's done is done people. I know our friends and family will honor Jimmy by NEVER going anywhere that food joint.
RIP Jimmy
jailmaish

Arlington Heights, IL

#19 Jan 10, 2012
forgetaboutit is right about my exwife also taking blame that is why she is an ex now.but she did not drive drunk and murder anyone.just pointing out his character and morals. children of the sea is right everybody should avoid that food joint.just because he can cook and has a kid does not mean he should get off lightly.he did break the law 3 different ways,driving drunk,texting while driving & the big one..MURDERING someone.
i eliminated my problem the judge should have eliminated societies by taking him off the street for a long time to make sure he can't do this to somebody else.
Blame Game

Lisle, IL

#20 Jan 10, 2012
Boy o boy you need to find the light at the end of the tunnel. We can see that you don't blame your self for any of your ex home problem. You keep piping up about your hate for a person that just like you may have done (had one to many) and jumped into your car for a quick drive home. This might have been you hitting someone walking in the middle of the road.Yes this could have been you, after all you must not have been home while your ex was fooling around .Stop blaming other people for your shortfalls and get a FU***** life.

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