October 06, 2005

THOMAS S. POMYKALA GUILTY ON TWO COUNTS OF RECKLESS HOMICIDE

Will County State’s Attorney James W. Glasgow announced today that a Will County jury convicted Thomas S. Pomykala, 56, of Joliet on two counts of reckless homicide. The trial was head before the Hon Chief Judge Stephen D. White.

On February 21, 1999, Pomykala was driving a 1987 Chevrolet Caprice station wagon and struck an Oldsmobile 98 driven by Bernadine Pirc, 67 of Joliet. The accident happened at the intersection of Larkin Avenue and McDonough Street.

Bernadine Pirc the grandmother of Taylor Nicole Pirc. Taylor 4 was killed in the accident. The Joliet Police Department arrested Pomykala at the scene. He submitted to a Breathalyzer result three and a half hours after the crash, resulting in a .21 breath alcohol, over twice the legal limit.

Dr Bryan Mitchell, the medical examiner, found that the cause of death was blunt force trauma to the skull, resulting in immediate death to the four-year-old girl.

In May 1999, another Will County jury convicted Pomykala on the same charges. The Illinois Supreme Court later overturned the verdict based on a jury instruction that had been tendered. They found the instruction to be unconstitutional.

The second trial began in August 2003, which resulted in a mistrial, based on a statement of a state’s expert witness regarding Pomykala’s driving record. Judge White found that no double jeopardy had attached and that decision was affirmed by the Third District Appellate Court in Ottawa, IL.

Assistant State’s Attorney Sarah Jones and Nicole Moore tried the case for the People. Jones has been on the case since 1999.

“This guilty verdict will end the ordeal that Gary & Cristy Pirc have endured for the last 6 years. They can now focus all of their energies on the Taylor Pirc project they founded in their daughters honor”. James W. Glasgow Will County State’s Attorney said.