While sitting in her bed, watching television, a 26-year-old New Jersey resident was shot in the stomach by a stray bullet. She was taken to the New Jersey medical center, and placed in immediate surgery. According to police chief Tom Comey she is expected to make a full recovery. However, according to a spokesman of the medical center, the victim has no desire to speak to the media.
The alleged shooter, is 43-year-old male, who happens to be the neighbor of the victim. The Defendant allegedly engaged in a shootout with a man in another vehicle outside his home. Ironically, neither of the two shooters received any injuries as a result of the shootout. However, a 26 year old innocent victim, was struck by a stray bullet from the shooting. It has been determined that the stray bullet entered into the victim’s home through a window and then hit the victim in the stomach while she was laying in her bed.
The Defendant is being charged with unlawful possession of a weapon, aggravated assault, and possessing a gun while being a felon. His first appearance in court took place on the afternoon of January 10, 2013. The accused shooter, has previously been charged with criminal sexual conduct, and drug charges. He is also charged with attempting to elude police, and distributing a controlled dangerous substance within 1000 feet of a school property. As of this date, the accused shooter has been arrested 19 different times. Because of his long criminal record, the defendant’s bail has been set at $500,000, cash only. This bail amount is at the top end of the applicable bail range.
The unlawful possession of a gun charge is a second degree felony in New Jersey and if convicted the defendant will face up to ten years in a state prison. In addition, since this is a weapons offense, the Defendant will be subject to the Graves Act. The Graves Act requires mandatory parole ineligibility terms for any one convicted of certain weapons offense. In essence, the Graves Act means, that unless your attorney is able to convince the Judge that you should benefit from whats known as a graves act waiver, the defendant will almost certainly go to prison. What degree of felony drug distribution charges the defendant will be facing will depend directly on the type of drug being distributed, whether it be cocaine, heroin, marijuana, synthetic marijuana, crystal meth or ecstasy.
If you or someone you know has been charged with a criminal or traffic offense in Bergen County New Jersey, we can help. The Law Offices of Jonathan F. Marshall has over 100 years of combined experience on staff, including over twenty-five years of prior prosecuting experience. If you have any further questions please contact any one of our Bergen County Offices for a free initial consultation with any one of our eight attorneys.