Prison Or Probation? Joliet Woman Killed Motorcyclist On Route 59

JOLIET, IL — Kathy Molitor, a 64-year-old Joliet woman arrested almost seven years ago for killing 36-year-old Plainfield motorcyclist Jaime Mendez on Route 59 near her home, will learn her sentence at 11 a.m. Friday from Will County Judge David Carlson.

In January, Molitor pleaded guilty to one of her felony aggravated DUI charges. Her other charges were dropped as part of her agreement with the Will County State's Attorney Office. Prosecutor Chris Koch is handling the case against her in Courtroom 405 of Judge Carlson.

Last week, Carlson heard testimony from Molitor, plus her brother. A victim impact letter written by the widow of Mendez was read in court. The judge also heard arguments from the Will County State's Attorney's office, reminding the judge that Molitor faces a prison term of three to 14 years of incarceration "unless extraordinary circumstances" exist.

Molitor's private defense counsel, Jim Ryan of Naperville, urged the Will County judge to sentence his client to a term of probation.

"I ask that you understand I am not a career criminal ... or a threat to others in the future," Molitor assured Judge Carlson last week.

"I need about a week," Carlson told everyone gathered in court Feb. 2. When the lawyers agreed on resuming the sentencing on Feb. 10, Carlson said, "I'll have my decision."

Way back on Sept. 18, 2016, Joliet police arrested Molitor on charges of aggravated driving under the influence, driving under the influence of alcohol and improper left turn after her Saturday night crash killed the Plainfield motorcyclist on Route 59 in Shorewood, according to the criminal complaint.

Mendez was thrown from his motorcycle and landed on the pavement. He was pronounced dead during that night at the St. Joe's hospital emergency room.

Mendez and his wife were riding the motorcycle northbound on Route 59 toward Plainfield at the intersection of Country Glen when Molitor turned into their path, killing him. She spent several months recovering from her own injuries that night.

"We did nothing wrong for this to happen," Mendez's widow said in her the victim impact statement. The couple's children were 10 and 8 years old.

"I had to tell my children he would never return," her victim impact statement continued. "He was involved in everything they did. He was our provider ... I have no peace. I suffer from PTSD ... I ask for justice. They took my husband and the father of my children. Have mercy on me and my family. Now is the time to face the consequences. Please remember, his name is Jaime Mendez and he is 36 years old."

Last week, Molitor's lawyer presented Judge Carlson with numerous letters of support from friends, acquaintances and past coworkers who urged the judge to show her mercy — including former Joliet Mayor Tom Giarrante and his wife, Rose.

"My wife and I have I lived next door to Kathy Molitor for 17 years. We could not have asked for a better neighbor," Joliet's former mayor wrote. "She has always been very neighborly and considerate. We have always felt that Kathy was an honest person and a person of integrity, and we were totally surprised and could not believe it when she made us aware of what happened. We still find it hard to believe.

"To this day, when my wife and I go on vacation, we leave the keys to our home with her and ask her to occasionally check on it for us. She asked us to do the same for her when she went away," Tom Giarrante wrote the judge.

"My wife and I have often talked about how lucky we are to have Kathy as our neighbor."

Her brother, a retired North Riverside Police Department detective sergeant, testified Feb. 2 how he was stunned and absolutely shocked when he learned his sister got arrested for a DUI fatality, saying it was so out of character for her.

"It's been devastating. It's crushed her," retired detective Frank Schmalz testified last week in Courtroom 405. "It's increased anxiety and depression on her. She's very remorseful, yes."

Molitor had no prior criminal history at the time of her wreck at age 58.

"It was beyond my sister," Schmalz told the courtroom. "It was absolutely isolated. I was very shocked, very shocked at this incident."

Molitor's lawyer asked Schmalz, now 61, his thoughts about a lengthy prison sentence for his sister. He was a Chicago area police officer for 30 years.

"She's trying to do the best with the loss of her career ... I support her. A lengthy incarceration would not do her any good. I can't believe this has happened. I just can't believe it."

Prosecutor Koch reminded everyone Molitor could have avoided driving drunk that Saturday night in Joliet by using an Uber, Lyft, a taxi or calling a friend.

While under the influence of alcohol, Molitor turned in front of Mendez's motorcycle and collided with him. He was obeying the rules of the road and had not been drinking, according to testimony.

As for Molitor's decision to get behind the wheel of her car after consuming too many alcoholic drinks that night, "It is a choice," Koch declared. "This could have been avoided that night. If she just chose not to drink and drive that night ... they would have their father there."

Last week, Molitor asked Judge Carlson if she should sit or stand while addressing his courtroom regarding her sentencing.

"Ms. Molitor, what you want to do," Carlson told her.

"I'll stand. Sometimes my speech isn't fluid, especially when I get upset," she replied.

It has now been six years and four months since her crash ended the life of Mendez, leaving his wife without her husband and their children without a father.

She is now a 64-year-old woman who has been a productive working member of society since age 11.

"Absolutely no brushes with the law my entire life except for this accident," Molitor told the judge.

"Back the blue," she remarked, referring to how her brother "is one of the greatest human beings on the planet."

As for the events of Sept. 18, 2016, she said, "I live with those haunting memories of that night ... Truth be told, I'll probably never drive again. Too afraid to drive."

Original Patch story:

Joliet Driver Charged in Crash that Killed Plainfield Motorcyclist