The Illinois Appellate Court has upheld the conviction of Jose S. Aguirre for aggravated driving under the influence (DUI) causing death following a fatal crash that resulted in the deaths of two passengers. This ruling, filed on October 20, 2026, confirms that sufficient evidence supported the jury's decision and addresses several legal arguments raised by Aguirre regarding his trial.
Aguirre was convicted on eight counts of aggravated DUI and one count of aggravated DUI causing great bodily harm. The court sentenced him to two concurrent ten-year terms and one one-year term for the charges. The case arose from a tragic incident on September 27, 2020, where Aguirre's vehicle crashed, leading to the deaths of Edgar Herrera and Juan Renteria-Becerra, and serious injuries to another passenger, Jorge Trevino.
Background
The case began when a grand jury indicted Aguirre on multiple counts of aggravated DUI and reckless driving after the vehicle he was driving crashed, resulting in fatalities and injuries. The crash occurred around 3:21 a.m. when Aguirre was reportedly speeding and driving under the influence of alcohol and cocaine. The State's evidence included testimony from law enforcement and witnesses who described Aguirre's driving behavior prior to the accident.
Sergeant Robert Robinson, who was on patrol that night, testified that he observed Aguirre's vehicle traveling at a high rate of speed and running red lights. After losing sight of the vehicle, he later found it overturned with the occupants trapped inside. Trevino, the only survivor, provided crucial testimony about the events leading to the crash, stating that Aguirre was driving the vehicle at the time.
The Ruling
The court ruled that the State presented sufficient evidence to prove Aguirre's guilt beyond a reasonable doubt. The court stated, "A rational trier of fact could have found beyond a reasonable doubt that defendant was in physical control of the Chevy Traverse at the time of the crash." The ruling emphasized the credibility of witness testimony, including that of Trevino, who identified Aguirre as the driver.
Aguirre's appeal included claims that the trial court erred in allowing expert testimony regarding accident reconstruction and that he was improperly sentenced under the one-act, one-crime doctrine. The court found that Aguirre's claims were foreclosed by both forfeiture and the invited-error doctrine, as his defense counsel had consented to the expert's testimony during the trial.
Impact
This ruling has significant implications for DUI cases in Illinois, particularly those involving fatalities. It reinforces the standards for proving DUI charges and highlights the importance of witness testimony in establishing the facts surrounding such incidents. The court's decision also clarifies the application of the one-act, one-crime rule, which prevents multiple convictions for offenses arising from the same physical act.
As the court affirmed Aguirre's conviction and addressed his claims regarding the sufficiency of evidence and expert testimony, this case may serve as a precedent for future DUI cases involving similar circumstances. It underscores the necessity for defendants to raise objections during trial to preserve issues for appeal.
What's Next
Aguirre's conviction can be appealed to the Illinois Supreme Court, but it is uncertain whether his legal team will pursue this option. There are no related cases pending that directly connect to this ruling.