Bail was denied today for the driver of a tour bus charged with DUI after allegedly striking and killing a woman in the Streeterville neighborhood.
David Soto, 47, tested positive for cocaine after he struck graphic artist Justyna Palka in a crosswalk on Columbus at Illinois Tuesday evening, authorities said. He had worked for the Pontarelli Group Charter company for six months.
During his bond hearing, prosecutors also disclosed more details about sexual assault charges that were filed against Soto after the accident. Soto was charged with predatory criminal sexual assault of a child and aggravated criminal sexual abuse of a victim under 13.
When police ran a check on his name after his arrest on Tuesday, they found an investigative alert for two sex offenses, according to Assistant State’s Attorney Kathy Muldoon.
Soto was accused of sexually molesting an 8-year-old girl on Dec. 28, 2008, when she was visiting his house with another girl her age, who is related by marriage to the defendant. The victim immediately told her friend that night, and the friend told her mother.
At the time she told her mother, the second girl also said Soto had sexually molested her several times over a two-year period from June 2006 to June 2008, when she was 6 and 7 years old, Muldoon said.
Muldoon did not say why police did not arrest Soto at the time the allegations were made.
In 1993, Soto was convicted of aggravated criminal sexual assault. He was released from prison in 1997 and was on parole until 2000, according to state records. He had also been convicted of attempted rape and aggravated battery in 1982 and sentenced to four years in prison, prosecutors said.
Soto's commercial driver's license was suspended on Aug. 3, 2008 when he was cited for speeding and driving without insurance, according to the Secretary of State's office. He was required to get “high-risk” insurance and his license was valid at the time of the accident, the office said.
Palka's relatives said the DUI charges make Palka’s death “that much more disturbing.”
“It clearly wasn’t her fault,” said her cousin Bob Bruno, 25, of Tinley Park. “All the witnesses say she had the right of way, and then now you find out that he apparently has this cocaine (in his system)…. Whether people were on the bus or were going to be on the bus, it’s disturbing to know that somebody like that is behind the wheel of such a large vehicle.”
Palka, of the 400 block of North McClurg Court, was in a crosswalk on Columbus Drive at Illinois Street when Soto turned into the intersection and hit her at about 6:50 p.m. Tuesday, police said.
Witnesses said the traffic lights on Illinois were green and that pedestrians had the right-of-way to cross Columbus. It did not appear the bus was carrying passengers, they said.
Zachary Pernikliyski was walking to work at a nearby hotel when he saw the bus making a right turn. Pernikliyski saw the bus "bump," then saw a dark shape in front of the rear wheels, just before the tires went over. He thought it might have been a bag or a piece of luggage.
"Oh my God," he recalls thinking after the bus passed. "That's a person."
He and other people ran to Palka, who was unconscious. Pernikliyski remembers frantically trying to unlock his mobile phone to call 911. He and other pedestrians tried to stop traffic while a person in hospital scrubs tried to resuscitate Palka.
Soto told investigators he did not see the woman crossing the street. He thought at first that the wheels of the bus had hit a curb, so he continued making the turn onto Columbus when “he felt a second bump,” prosecutors said in court today.
According to Palka's personal Web site, she was born in Krakow, Poland and grew up in Dortmund, Germany before moving to the United States in 2005. She graduated from the School of the Art Institute in 2009 with a bachelor's degree in fine arts and concentration in visual communication.
Palka worked as an art director and graphic designer at the communications firm of Ogilvy & Mather, said Jack Rooney, the president of the company's Chicago office. He said he was told of the accident this morning and the company is in contact with Palka's family.
Palka “was wonderfully talented,” said Kristopher Choma, who worked with her at Ogilvy & Mather, sitting just a few feet from her cubicle. “She was a kind and sweet and generous person. Everybody that knew her liked her, and everybody who knew her is devastated today.”
Co-workers left two white roses and a yellow daisy on Palka’s desk today, Choma said.
“I wish that in words I could do justice to the kind of person that she was,” he said. “More than anything, I wish she was still sitting there across from me.”
Palka also worked for Chicago Magazine, a Tribune Co. holding. Art Director Jennifer Moore said she was an intern for the publication in early 2010 before moving to Ogilvy.
"I'm completely shocked," Moore said. "She was a great worker and she showed a lot of promise."
A close family friend, Monika Moskal, said Palka had learned to love Chicago from visits and decided to stay and work in Chicago after studying at the School of the Art Institute. She lived with her mother in Streeterville.
"She was a really smart girl, a really creative girl," Moskal said. "She was a very determined person, very creative."
Palka was the only daughter in the family and had two brothers who babied her, Moskal said. She had just gone back to Germany over Christmas to visit her family after her brother recently had a daughter.
Arthur Rento, a partner with Pontarelli, said he did not know until after Tuesday’s accident that Soto was convicted of aggravated criminal sexual assault in 1993 or that his commercial driver’s license had been suspended in 2008.
Rento did not say whether Soto underwent a background check before he was hired.
“I’m still grief-stricken myself, and to be totally honest with you, I’m kind of in a state of shock,” he said.
“Our hearts are with (Palka’s) family,” Rento said. “Our hearts are with her. My heart is with my employees that had nothing in the world to do with this and are now subject to what’s transpired from this. It’s a terrible situation for everyone.”
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