A motorist charged in the deaths of two of his passengers in a May crash on the New Jersey Turnpike will remain in jail while he awaits trial, a judge ruled Friday.
Cesar I. Martinez Andino, 19, of Hyattsville, Maryland, was using a cellphone as he drove, was speeding, had alcohol in his system and almost hit another vehicle before the crash, which occurred around 1 a.m. May 18 in Gloucester County, according to prosecutors.
The crash was caught on cellphone video, investigators said.
Martinez Andino was driving an SUV northbound in Harrison Township when he lost control of the vehicle and it left the road, slid down an embankment and struck a tree. Four of the six occupants were thrown from the vehicle, police said.
Juan Carlos Munguia-Palma, 19, and a 14-year-old boy, both of Maryland, were killed, police said.
The SUV was split in half by the impact, the judge said during Friday’s hearing.
The driver and two other passengers were seriously injured, while the sixth occupant suffered moderate injuries.
At the scene, Martinez Andino identified himself as the driver after initially saying he wasn’t driving, Gloucester County Assistant Prosecutor Katrina Koerner said Friday.
Empty beer bottles and a mixed drink cocktail were spotted in the vehicle, according to an affidavit of probable cause filed with the charges.
Toxicology results on the driver revealed his blood alcohol content was 0.047%, which is below the legal limit of 0.08%, attorneys said during the Friday court hearing.
The prosecution noted that, as a 19-year-old, he wasn’t supposed to be drinking at all.
A pink cellphone recovered outside of the SUV near the crash scene was recording video when it was located, police said in the affidavit. A video of the crash was recorded on the phone, police said.
The video showed Martinez Andino driving recklessly, using a cellphone while driving and nearly hitting another vehicle before the crash, police said in the affidavit.
Martinez Andino is charged with two counts of second-degree vehicular homicide and two counts each of third-degree child endangerment, assault by auto and causing death while driving while unlicensed. He also faces two fourth-degree counts of causing serious injury while driving while unlicensed and a fourth-degree charge of assault by auto.
The prosecution sought his pre-trial detention, saying he poses a risk to others because of his behavior behind the wheel.
In arguing for his client’s release, defense attorney Mario J. Persiano III said he could either return to his family in Maryland or stay with a relative in New Jersey. He also said Martinez Andino has a job and cares for his 1-year-old daughter.
While a public safety assessment from the court determined Martinez Andino could be released on pre-trial monitoring, Superior Court Judge Renard Scott said detention was warranted.
Scott called the defendant’s behavior reckless and concluded he poses a risk to the community if released. Because he is an out-of-state resident and faces a lengthy prison term if convicted, Martinez Andino is also a flight risk, the judge said.
Martinez Andino has no prior criminal record and no other pending charges, the judge said, but he cited the defendant’s action on the day of the crash.
“The defendant’s conduct on this unfortunate day in question does rise to the level of recklessness,” the judge said. “He made the conscious decision to drink as reported in his blood alcohol level. He made the decision to get behind a wheel with five other individuals under the influence of alcohol.”
The judge also pointed to a statement made to police by one of the vehicle’s occupants.
“One of the occupants had indicated by way of an interview that all of the occupants in the vehicle were drinking beer and the driver was drinking the most,” Scott said.
Also, based on the evidence presented, he was driving at a high rate of speed while holding a cellphone and driving without a license, the judge added.
“It’s just an unfortunate incident that occurred that could have been avoided if the defendant made the right decision not to drive.”
Stories by Matt Gray
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Matt Gray may be reached at mgray@njadvancemedia.com.