Marengo man denies DUI charge

WOODSTOCK – A judge declined to reduce the bail Wednesday for a 46-year-old Marengo man who formally denied aggravated drunken driving charges.

Daniel Bending, of 548 Seventh Circle, remained in jail Wednesday evening unable to post 10 percent of his $40,000 bail.

Authorities dropped a misdemeanor drunken driving charge in May to pursue felony charges. Bending allegedly was drunk April 18, 2008, when he struck pedestrian Leonard Anderson, 77, of Garden Prairie, who died a few weeks later.

Bending’s attorney, Daniel Hofmann, asked Judge Joseph Condon to reduce the bail to $10,000, arguing that Bending was a longtime area resident who turned himself in when he learned he had been indicted Feb. 25.

“They’re only allegations at this point, and he’s pleaded not guilty,” Hofmann said.

But prosecutors pointed to the seriousness of the charges and their potential penalties. If convicted, Bending could be sentenced to three to 14 years in prison, and a judge will consider probation only if he or she finds that extraordinary circumstances exist.

Condon determined that the $40,000 was appropriate for the type of charges involved. That means Bending would have to post $4,000 to be released while awaiting trial.

His next court date is May 13, and a trial is scheduled for July 13.

The incident happened about 8:50 p.m. in the 1900 block of East Grant Highway, police said. Anderson had parked his semi along the road to conduct some minor repairs and walked to a convenience store for coffee.

As Anderson was crossing the street, Bending struck him, police said. Anderson died May 11.

Bending’s driver’s license has been suspended since July.