Probation for deliveryman who left scene of fatal Morristown accident
By Peggy Wright
Staff Writer
A former pizza deliveryman, who drove off but returned to where he struck a woman in December as she walked across Mount Kemble Avenue in Morristown, was sentenced today to three years' probation and 75 hours of community service.
The victim, Alice ""Lolly'' Myers, 72, was pronounced dead of severe head trauma several hours after she was struck on Dec. 13 at 6:37 p.m. by unlicensed motorist Andy J. Maguino, 30, who is in the United States illegally from Peru.
Maguino pleaded guilty in June to leaving the scene of an accident that results in serious bodily injury and being an unlicensed driver. Morris County Assistant Prosecutor Kelley Lavery said in Superior Court today that he understands the victim's family is upset that Maguino did not face more serious charges, such as death-by-auto, but that Maguino's only crime was leaving the scene.
""This was an accident. This was unforeseen. This was unplanned,'' Lavery said. He noted that Maguino had no drugs or alcohol in his bloodstream, was driving slightly below the speed limit of 35 mph, and initially panicked and drove off but returned within an hour and alerted police that he struck the pedestrian.
Under case law, Lavery said, the mere fact that Maguino did not have a New Jersey driver's license does not mean he was reckless. Maguino, who authorities said did have a driver's license in his native Peru, now has a detainer against him filed by the U.S. Immigration and Customs Enforcement and faces possible deportation.
The victim, the wife of former Newton Councilman Richard Myers Sr., was wearing dark clothing and was in the crosswalk on Mount Kemble Avenue at a time when the traffic signal was green for motorists, authorities said.
The victim's son, Richard Myers Jr., planned to speak at sentencing but had to leave before the defendant and defense lawyer Miles Feinstein could arrive. In a letter published today in the Daily Record, Alice Myers' husband expressed anger that Maguino was not more harshly dealt with. He and his wife had just finished visiting their terminally ill daughter, Linda, at a rehabilitation facility on Mount Kemble Avenue when Alice Myers was struck.
''He left her for road kill. She was taken to the emergency room and died four hours later,'' Richard Myers said in his letter. ''I think Maguino was an illegal immigrant who did not have a license and should not have been behind the wheel.''
http://www.dailyrecord.com/article/20090724/[UPDATE]S01/90724028/Probation+for+deliveryman+who+left+scene+of+fatal+Morristown+accident
Be sure to check out the rest of FIRE Coalition at:
http://www.FIRECoalition.comFIRE Coalition Blog:
http://www.FIRECoalition.com/blogFIRE Coailtion Projects:
http://www.FIRECoalition.com/projects
