El fiscal del condado de Ocean, Bradley D.. Billhimer announced on that June 22, 2022, Juan Fernandez, II, 19, of Towaco, New Jersey, was indicted by a Grand Jury sitting in Ocean County on charges of Death by Vessel in violation of NJSA. 2C:11-5b(1); Strict Liability Vehicular Homicide in violation of NJSA. 2C:11-5.3a and Assault by Vessel in violation of NJSA. 2C:1C(2), in connection with a boat crash that occurred on the Barnegat Bay in Toms River on June 13, 2021, resulting in the death of Corey Molinari, 19, of Whippany, New Jersey.
En Junio 13, 2021, aproximadamente a 1:13 soy., the Toms River Township Police Department and the New Jersey State Police were notified of a boat crash that occurred in the Barnegat Bay. Officers responded to Antiqua Avenue and found that Corey Molinari had been ejected from a pontoon boat and suffered serious bodily injury including severe head trauma. At least six other occupants of the boat were identified and treated on scene for various injuries. Molinari was treated on scene and subsequently airlifted to Jersey Shore University Medical Center in Neptune where he subsequently died from his injuries. An investigation by the New Jersey State Police Troop “C” Criminal Investigation Office, New Jersey State Police Crime Scene Investigation Unit and Ocean County Prosecutor’s Office Vehicular Homicide Unit determined that Fernandez, II, was the operator of the pontoon boat when the boat struck a cement channel marker.
Further investigation revealed that Fernandez, II, had been consuming alcohol while operating the pontoon boat. Fernandez, II, was transported to Community Medical Center in Toms River where he consented to a draw of his blood at approximately 9:32 soy. Fernandez, II, blood alcohol content (bachillerato) was determined to be .037%. The State retained the services of Robert J. Pandina, Ph.D, a forensic psycho-pharmacologist, who analyzed the toxicology findings of Fernandez, II’s BAC. Dr. Pandina concluded through extrapolation analysis that Fernandez II’s BAC at the time of the collision was between .13% y .15%. En el estado de Nueva Jersey, an operator of a motor vehicle or vessel is presumed to be over the legal limit for purposes of alcohol consumption where his/her BAC is .08 o mayor.
En septiembre 9, 2021, Fernandez II was arrested at his residence without incident. He was transported to New Jersey State Police Tuckerton Station to be processed. He was then transported to the Ocean County Jail, y luego liberado como consecuencia de la reforma de la fianza de Nueva Jersey.
During the course of this investigation, Fernandez II’s father, Juan A. Fernandez, Sr., 59, of Towaco, was questioned by law enforcement in connection with this investigation. It was determined that Juan A. Fernandez, Sr., provided false information to Detectives during the course of the investigation; Como consecuencia, Juan A. Fernandez, Sr., has been indicted for Hindering Apprehension or Prosecution in violation of NJSA. 2C:29-3a(7).
El Fiscal Billhimer reconoce los esfuerzos diligentes del Fiscal Adjunto Principal Robert Cassidy, quien está manejando el caso en nombre del Estado., y elogia a la Unidad de Homicidios Vehiculares de la Fiscalía del Condado de Ocean, Unidad de Delitos de Alta Tecnología de la Oficina del Fiscal del Condado de Ocean, New Jersey State Police Troop “C” Criminal Investigation Office, Unidad de Investigación de la Escena del Crimen de la Policía Estatal de Nueva Jersey, Departamento de policía del municipio de Toms River, for their combined and collective efforts in connection with this investigation resulting in Fernandez’s indictment.
Los cargos mencionados anteriormente son meras acusaciones y se recuerda a la prensa y al público que todos los acusados se presumen inocentes a menos y hasta que se demuestre su culpabilidad más allá de toda duda razonable en un tribunal de justicia..
RPC. 3.6(b)(6).