Thread: Illegal Alien Sentenced...

MORRISTOWN -- An unlicensed driver who struck and killed a 72-year-old Newton woman in a hit-and-run collision in Morristown in December was sentenced today to three years of probation and fined $500.

The Dec. 13 incident occurred around 6:30 p.m. when Andy Maguino, who was driving a delivery car for a local pizzeria, hit Alice Myers as she was walking across Mount Kemble Avenue near Doughty Street, authorities said. Myers died several hours later at Morristown Memorial Hospital.


The intersection of Mount Kembel Avenue and Doughty Street, where a hit and run collision killed a pedestrian. Andy Maguino, the driver, pleaded guilty in June.
Much to the dismay of Myers' family, Maguino, a 30-year-old native of Peru who authorities say is in this county illegally, did not face any jail time under his plea bargain with the Morris County Prosecutor's Office.

That's because there was no recklessness by Maguino, who was driving under the 35 mph speed limit. He was not intoxicated, and there were no mechanical problems with the car, Morris County Assistant Prosecutor Kelley Lavery told Judge Thomas Manahan.

Myers was dressed in dark clothing when she entered the street as the northbound Maguino had a green light. A nearby street light also was burned out and a crosswalk signal did not work, Lavery said.

"This was an accident," Lavery said. "All indications are he was not operating his vehicle recklessly. They decided that ethically it could not pursue a death-by-auto charge."

As a result, prosecutors ruled out more-serious death-by-auto or manslaughter charges, and Maguino pleaded guilty to third-degree leaving the scene of an accident, which has no presumption of jail time, and to a traffic summons of driving without a license.

Defense attorney Miles Feinstein commended the prosecutors' handling of Maguino's case.

"He's here on the appropriate charge," Feinstein said. "The prosecutor's office, knowing their duty, has done absolutely the right thing here."

Manahan agreed, saying "The charge is appropriate." He sentenced Maguino to three years of probation, 75 hours of community service, fines of $500 and penalties of $162.

Speaking for Maguino, Feinstein said, "He wants me to say he is very, very, very sorry for what happened, and he apologizes for leaving the scene. He is devastated for what happened to the family of the victim."

All of this was no consolation to the family of Myers, a longtime resident of Newton who was well-known and respected in her community. Myers husband and son had told the prosecutor's office they did not agree with the plea arrangement and felt that Maguino was getting off easy, Lavery said.

At the time of the crash, Myers and her husband, Richard Myers Sr., a former Newton councilman, had just left a rehabilitation center where their daughter, Linda, was hospitalized for lung cancer.

Richard Myers told Alice to wait while he would bring their car around to pick her up, Lavery said. On that cold night, Alice apparently decided to catch up to her husband, who had already crossed the street, when she was struck by Maguino, Lavery said.

Witnesses traveling south saw a figure enter the street and saw Maguino's car swerve, strike the person and flee, Lavery said.

Maguino said he panicked and fled because he did not have a license and was an illegal alien. When he "came to his senses," he walked back to the scene and told police he was the hit-and-run driver. He said he knew he hit something, but did not know it was a person, Lavery said.

Under law, being unlicensed does not in itself equate to recklessness, Lavery and the judge said.

Maguino's immigration status is a separate matter, Lavery said. On Dec. 16, a federal immigration agency filed a detainer on Maguino, "a Peruvian national who is in this country illegally," court documents state. Maguino has filed an appeal to fight deportation.

"He came to this country to earn money to further his education," Feinstein said. "He came over here to try to live the American dream."




http://www.nj.com/news/index.ssf/2009/0 ... ed_fo.html

"He came to this country to earn money to further his education," Feinstein said. "He came over here to try to live the American dream."

Yea...And another American citizen was forced to pay the ultimate price at the hands of an illegal invader while he illegally pursued his dream! Perhaps one day in this country, the life of an American citizen will be worth more than the dream of an illegal invader!

I AM FURIOUS NOW...

As if leaving the scene, driving without a license wasnt bad enough.

The women the illegal killed had her life taken away from her, she will never see her grandchildren ever.............and the scum got only 3 years!

Originally Posted by ELE

The women the illegal killed had her life taken away from her, she will never see her grandchildren ever.............and the scum got only 3 years!

That's three years probation...no jail time!

He'll be back on the streets in a matter of weeks. . . .and it will probably happen again.