Murder Conviction Upheld After Graphic Photos Were Shown To Jury

Darwin Rodriguez-Ferreira was convicted of knowing and purposeful murder (N.J.S.A. 2C:11-3a(1) and (2)); fourth-degree unlawful possession of a weapon (N.J.S.A. 2C:39-5d); and third-degree possession of a weapon for an unlawful purpose (N.J.S.A. 2C:39-4d). At sentencing the defendant received a thirty year prison sentence including a thirty year parole disqualifier and consecutive eighteen month sentence for unlawful possession of a weapon. Kendall was found lying in the street near his Jersey City home with multiple stab wounds. Multiple calls to and from "Darwin" were found in Kendall's cell phone log and a bloody knife wrapped in boxer shorts was found nearby shortly thereafter. The blood contained Kendall's DNA and the boxer shorts contained Darwin's DNA. The defendant left the country with a one-way ticket the day after the murder and police found bloodstains with Kendall's DNA on Darwin's floor while searching Darwin's residence. In State v. Rodriguez-Ferreira, the defendant appealed the convictions and sentence received in the Superior Court of New Jersey, Law Division, Hudson County. At trial, over Darwin's objection, four graphic photos of Kendall's body depicting stab wounds to the neck and face, torso and forearm were presented to the jury. One photo, taken during the autopsy included stab wounds suffered by internal organs extracted from the body during the autopsy. N.J. Rule of Evidence 403 permits the inclusion of evidence if the probative value substantially outweighs the risk of prejudice to the jury through its revelation. In State v. Johnson, 120 N.J. 263 (1990), the NJ Supreme Court held that vivid and graphic details which may be difficult to look at do not necessarily call for exclusion of photographic evidence. State v. Sanchez, 244 N.J. Super. 231, 249-51 (App. Div. 1988) allows admission of murder victim photographs to prove the act was "purposeful and knowing." N.J. Appellate Division affirmed the trial court's decision to admit the photos. With regard to the sentence imposed, the trial court failed to consider the relevant factors under State v. Yarbough, 100 N.J. 627 (1985) and the matter was remanded by the Appellate Division for sentencing including an articulation of the how the Yarbough Factors apply to require a consecutive sentence for unlawful possession of a weapon. If you are facing murder charges, it is the state's burden to prove your guilt and they must do so in a just and appropriate manner, without the admission of unduly prejudicial evidence or testimony. It is critical you obtain experienced criminal defense counsel to ensure your rights are protected against prejudicial acts by the prosecution or the judge. For more information regarding homicide, assault, weapons charges or other serious criminal issues in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Conviction For Attempted Murder of Newark Police Officer Upheld On Appeal

Omar Bridges and two co-conspirators were charged, by an Essex County grand jury, with three counts of first-degree attempted murder (N.J.S.A. 2C:11-3 and 2C:5-1); three counts of second-degree aggravated assault (N.J.S.A. 2C:12-1(b)(1)); third-degree unlawful possession of a weapon, a handgun (N.J.S.A. 2C:39-5(b)); second-degree possession of a weapon, a handgun, for an unlawful purpose (N.J.S.A. 2C:39-4(a)); second-degree unlawful possession of an assault firearm (N.J.S.A. 2C:39-5(f)); third-degree receiving stolen property (N.J.S.A. 2C:20-7); second-degree eluding (N.J.S.A. 2C:29-2(b)); and first-degree conspiracy to attempt to murder the occupants of a vehicle (N.J.S.A. 2C:5-2 and 2C:11-3). Bridges was ultimately convicted of the attempted murder of Newark Police Officer Patinho, aggravated assault on Officer Patinho, unlawful possession of a weapon, possession of a weapon for an unlawful purpose, unlawful possession of an assault weapon, receiving stolen property and certain persons not to have weapons. For his participation in stealing a Jaguar, engaging in a shoot-out with occupants of another vehicle and the shooting of a police officer in the chase thereafter, Omar Bridges was sentenced to an aggregate 40-year prison term. Officer Pathino's testimony at trial was that he saw the shoot-out while on patrol and, upon turning on the squad car's lights, a Jaguar and Subaru fled in different directions with Pathino chasing the Jaguar. The chase through Newark lasted approximately two minutes at 90 to 100 miles per hour until the Jaguar went airborne crossing railroad tracks and sustained heavy damage. When the Jaguar came to rest, Officer Pathino exited the squad car and ordered the Jaguar's passengers to show their hands at which time the passenger shot Officer Pathino. Officer Gasavage exchanged fire and the vehicle's occupants fled on foot. On appeal in State v. Bridges, the Defendant claimed the trial court erred in denying his request for a Wade hearing with regard to Officer Pathino's photo identification of the Defendant. Although New Jersey took a more broad approach to pre-trial identification in State v. Henderson, 208 N.J. 208 (2011), the Appellate Division determined that, under the circumstances of the case, United States v. Wade, 388, U.S. 218 (1967) did not serve to extend exclusionary principles of pre-trial identification procedures to in-court trial identifications in Defendant's case. The Defendant next raised the point that the sentencing court did not perform an appropriate analysis under State v. Yarbough, 100 N.J. 627 (1985) which requires the court to consider six specific criteria in sentencing. The NJ Appellate Division agreed with the Defendant and remanded the matter to the sentencing court for a full statement of its reasons for imposing consecutive sentences as required under State v. Carey, 168 N.J. 413 (2001). If you are facing murder or other serious charges, you are facing a prison sentence which may last your entire life. You require an experienced criminal defense attorney to protect your rights and ensure that your are provided with the best possible defense. For more information about murder, weapons offenses, theft and other serious criminal offenses in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Burglary Punishment Must Fit Crime Not Criminal

In State v. Nieves, Eric Nieves was charged in 4 residential burglaries and related crimes. The jury found him guilty of four burglaries (N.J.S.A. 2C:18-2); three thefts (N.J.S.A. 2C:20-3); dealing in stolen property (N.J.S.A. 2C:20-7.1b); receiving stolen property (N.J.S.A. 2C:20-7) and conspiracy with codefendants (N.J.S.A. 2C:5-2, :18-2, :20-7.1). Nieves was sentenced to 25 years imprisonment with 150 months of parole ineligibility. On appeal, the appellate division affirmed the convictions but vacated the sentence and returned to the court below for resentencing based on the factors set forth in State v. Yarbough, 100 N.J. 627 (1985). On appeal, Nieves objected to the jury instructions regarding certain lesser included offenses and complicity. Pursuant to State v. Singleton, 211, N.J. 157, 182 (2012), "if the defendant did not object to the charge when given, there is a presumption the charge was not error and unlikely to prejudice defendant's case." Prior to instructing the jury, the judge advised the attorneys of the intended charges and defense counsel gave his assent to both charging decisions. Defendant then bears the burden of showing plain error having a clear capacity of producing and unjust result R. 2:10-2 and the burden was not met. The Appellate Division found defendant's claim of error in the jury instruction on accomplice liability to have insufficient merit and affirmed all convictions. With regard to the custodial sentence, the defendant was sentenced on each of the 10 third degree crimes and received an aggregate sentence of 25 years with 12 1/2 years of parole ineligibility. Defendant did not deny his lengthy criminal history and was aware he qualified as a persistent offender but Nieves argued that the courts extensive reliance on his criminal history was inappropriate. In Yarbough, the court set forth the fact that "punishment should fit the crime, not the criminal, and that there should be a predictable degree of uniformity in sentencing." 100 N.J. at 630. State v. Miller, 205 N.J. 109 (2011) the New Jersey Supreme Court enumerated the Yarbough factors as modified by statute and offered guidance for appellate review of consecutive sentences. The Appellate Division found the discussion of Yarbough factors by the court below to be too cursory to permit adequate review. Further, any conspiracy conviction must be merged with the underlying completed crime. Burglary charges are not often lightly sentenced as they involve the possibility of great physical harm when the intruder and the owner or dweller accidentally meet and both act in fear. If you are facing burglary charges, you should seek experienced criminal defense counsel immediately. For more information about burglary, theft, robbery or other serious criminal charges in New Jersey visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Road-Rage Leads To Charges Of Terroristic Threats And Weapons Possession

During a road-rage incident, Lisa Brown threatened to kill a family while swinging a large knife at the father's face. The family was stopped at a red light when a car screeched to a halt behind theirs then they heard something hit the rear of their car. The father, who was the driver of the car, exited the vehicle to find the driver of the other vehicle and the passenger, defendant, screaming at him. In State v. Brown, the defendant was tried and convicted of two counts of 3rd degree terroristic threats (N.J.S.A. 2C:12-3(a)), one count of 3rd degree possession of a weapon for an unlawful purpose (N.J.S.A. 2C:39-4(d)) and one count of 4th degree criminal mischief (N.J.S.A. 2C:17-3(a)(1)). At sentencing, brown received a 5 year prison sentence with 18 months of parole ineligibility on all 4 convictions. Defendant appealed on multiple grounds. On appeal, the court affirmed the convictions but remanded for resentencing because a defendant shall be sentenced separately on each count of an indictment pursuant to State v. Orlando, 269 N.J. Super. 116 , 634 A.2d 1039 (App.Div. 1993). Also, the court shall clearly indicate which charges, if any, are to be merged and which shall run concurrent pursuant to State v. Yarbrough, 100 N.J. 627, 643-44, 498 A.2d 1239 (1985). Terroristic threats in NJ are a 3rd degree crime punishable by 3-5 years in prison and up to $15,000. These charges, unless written, are difficult to prove and a skilled criminal defense attorney can prove invaluable in your defense. For more information regarding terroristic threats, weapons charges, road-rage or other criminal charges in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Additional Charge In Sexual Assault On Minor Does Not Always Mean More Time

Although he did not escape guilt, the defendant did receive a reduced sentence for charges of first degree aggravated assault, second degree sexual assault and second degree endangering the welfare of a minor in State v. W.L. Following a jury trial, the defendant was sentenced to 15 years imprisonment with an 85 percent period of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, for the crime of 1st degree sexual assault into which the crime of 2nd degree sexual assault was merged. The defendant was also sentenced to 7 years for endangering the welfare of a minor to be served consecutively to the 15 years for the other charge. When sentencing, a Judge may count aggravating factors only once and must apply a Yarbough analysis when imposing an excessive sentence. The judge in State v. W.L. applied aggravating factors 2 (gravity of the offense), 3 (risk defendant will commit another offense) and 9 (the need to deter such activity) and mitigating factors 7 (defendant's lack of criminal history) and 8 (the likelihood the defendant's behavior will recur). An essential element of the conviction for aggravated sexual assault was the child's age and finding of an aggravating sentencing factor cannot be based solely on an essential element of the crime charged. Additionally, the sentencing Judge failed to apply the appropriate standards from State v. Yarbough, 100 N.J. 627, 643-644 (1985) in determining whether to impose a consecutive sentence for count 3, endangering the welfare of a minor. If you are facing charges for sexual assault, endangering the welfare of a minor or similar charges, you should consult an experienced criminal defense attorney immediately. If you are convicted or plea to a sex crime in New Jersey, in addition to incarceration you face lifelong listing on a registry which can affect your ability to obtain employment, restrict where you may reside and generally have a negative impact on the remainder of your life. For more information about soliciting a minor, statutory rape, child molestation, internet crimes, child pornography or other sex crimes in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.