NIU student suing drunk driver

By Morgan Fink

DeKALB — NIU student Evan Cortez, 23, is in the early phases of suing John Yanni, 25, of St. Charles, after sustaining injuries in a drunk driving accident that killed a DeKalb High School student.

Yanni, a firefighter and paramedic with the Fox River & Countryside Fire/Rescue District, was the driver who caused the four-vehicle accident that killed Johnathon Ode, 18, of DeKalb, Jan. 17. Yanni was traveling west on Lincoln Highway east of Peace Road when he struck Ode’s vehicle, which was traveling east. Cortez was in the car with Ode during the time of the crash.

At the time of the accident, Yanni had a blood alcohol content of .125. Yanni was transported to Kishwaukee Hospital, 1 Kish Hospital Drive, after sustaining injuries. Yanni was detained upon his release from the hospital Jan. 17, but was released on $1,000 bond Jan. 19, according to court documents.

Cortez sustained major injuries during the accident but because of privacy concerns, his specific injuries were not released.

“My client has had multiple orthopedic surgeries, and he is going to require significant rehabilitation and physical therapy,” Craig Brown, a partner at the St. Charles law firm Meyers & Flowers, said. “Evan is most likely going to continue to suffer effects from this crash for the rest of his life.”

The lawsuit is in the early phases, Brown said. The prosecuting attorneys have to obtain service from the defendant, and then he will most likely alert his insurance carrier, which will hire lawyers to defend him. Brown has not yet heard from Yanni’s lawyers.

A criminal case has been filed regarding the accident for which Yanni is being charged with two counts of aggravated driving under the influence and one count of reckless homicide, according to court documents. A preliminary hearing for the case is set for 9 a.m. March 10 at the DeKalb County Courthouse, 133 W. State St. in Sycamore.

If charged with the most serious offense, Yanni can be sentenced three to 14 years in prison.

Yanni was ordered to be placed on a SCRAM device, which detects the consumption of alcohol of the person wearing the device, according to court documents.

“This is just another tragic occurrence that did not need to happen,” Brown said. “[Cortez] was not able to attend the funeral for his best friend [Ode] because he was recovering from significant surgeries.”

Yanni’s attorney did not respond to request for comment.