On September 22nd, 2017, 66-year-old Karen Borkowski was struck by a vehicle while crossing Ocean Boulevard in Long Branch. Borkowski was pronounced dead at the scene of the accident according to nj.com. The driver of the vehicle was off-duty police detective Jake Pascucci. As a result of this accident, detective Pascucci has pled guilty to vehicular homicide and driving while intoxicated. The details of this case may set a precedent for future sentencing coming on the heels of recent legislation mandating minimum sentences for those found guilty of drunk driving vehicular homicide.
Today, our criminal defense lawyers will go over the details of this recent case, charges, penalties, and how the outcome may impact present and future DWI and vehicular homicide cases in New Jersey.
Monmouth County, NJ DWI Defense Attorneys Discuss Details of Drunk Driving Vehicular Homicide Case
Our Monmouth County DWI defense attorneys understand the details of the case to be as follows:
- Pascucci was traveling southbound on Ocean Boulevard when his 2016 Jeep Cherokee struck Borkowski at the intersection of Ocean Boulevard and Broadway
- Pascucci initially has maintained that he had a green light and Borkowski was jaywalking at the time
- Pascucci’s blood alcohol concentration was measured at 0.08 percent, which is just over the legal limit to be considered legally intoxicated
- The court case is being heard in Middlesex County Superior Court rather than Monmouth County as Pascucci has a working relationship with the Monmouth County Prosecutor’s Office
- Vehicular homicide falls under criminal strict liability in New Jersey, meaning that negligence, recklessness, intention, or other factors do not need to be proven in order to prove guilt
Red Bank Criminal Defense Lawyers Identify Charges and Penalties for Off-Duty Cop
On Tuesday, April 3rd, Detective Pascucci pled guilty to vehicular homicide and DWI in connection with the death of Karen Borkowski. As part of a plea bargain, the prosecution has agreed to drop charges stemming from careless driving and reckless driving. This agreement also includes entails Pascucci forfeiting his right to work in law enforcement with the Long Branch Police Department. It has been reported that the prosecution will seek up to one (1) year in county jail, while sentencing could be reduced to probation.
It is important to understand that these sentences were reduced as part of a plea agreement. In New Jersey, the following may result from charges which faced Pascucci in this case:
Vehicular homicide convictions may lead to between three (3) and five (5) years in state prison, up to $150,000 in fines, restitution to the victim’s family, and a felony on your permanent record.
DWI convictions where the individual had BAC between 0.08% and 0.10% may lead to driver’s license suspension between three (3) months and 10 years, fines from $300 to $1,000, between 30 days and six (6) months in county jail, and up to 48 hours of mandatory classes on drunk driving. These sentences are heavily dependent on whether offenders were the first time, second time, or third plus time offenders.
Reckless Driving or convictions carry penalties including between 60 days and three (3) months in county jail, five (5) points added to your NJ license, fines between $50 and $500, suspended driver’s license.
Careless Driving convictions carry penalties including fines between $50 and $200, a maximum sentence of 15 days in county jail, the potential for suspended driver’s license.
Contact our West Long Branch Violent Crimes Defense Attorneys Today
The vehicular homicide and DWI defense attorneys of Chamlin, Uliano & Walsh are led by founding partner Charles Uliano, who is one of only a handful of NJ attorneys to have earned dual Certification from the New Jersey Supreme Court as a Civil and Criminal Trial Attorney. Our firm believes in offering top-quality legal services while maintaining a client-first approach to criminal defense law. We have extensive experience successfully seeking reduced or dismissed charges for our clients from across Monmouth County towns including West Long Branch, Red Bank, Middletown, Freehold, Asbury Park, Howell, and all of Eastern New Jersey.
To speak with one of our qualified and experienced criminal defense attorneys, please contact us online or through our West Long Branch, NJ offices by calling (732) 440-3950 today for a free and confidential consultation.