Trial starts for driver in Parsippany fatal

A Morris County assistant prosecutor told a jury Tuesday that Fabio Aristizabal was "criminally reckless" when he struck and killed a pedestrian in Parsippany after drinking and driving, but a defense lawyer said the 2012 incident was simply an accident.

Aristizabal, a 61-year-old Dover resident, is on trial before state Superior Court Judge William McGovern in Morristown on one count of vehicular homicide in the death Dec. 22, 2012, of Richard Oberst, 64.

Assistant Prosecutor Peter Foy told the jury in an opening  statement that evidence will show that Aristizabal voluntarily agreed to have  blood drawn at a hospital after the crash.  The results of blood drawn two hours and 20 minutes after the 1:54 a.m. crash showed Aristizabal had a blood-alcohol concentration of 0.073 percent, or less than the 0.08 percent level at which a motorist is deemed legally drunk in New Jersey.

However, Foy said, a scientist extrapolated the reading and concluded that Aristizabal's BAC at the time of the crash was between 0.09 percent and 0.14 percent, over the legal level.

The victim, who was struck on Route 10 West near the Pelican ski shop, died of massive injuries at a hospital later in the day.  His injuries included a broken leg, arm and back, a fractured hip and pelvis, and internal bleeding, Foy said.

"The question for you to answer is "Is the defendant guilty of vehicular homicide?" Foy said, explaining that jurors have to find that Aristizabal drove in a manner in which he consciously disregarded a substantial and unjustifiable risk that death would occur from his actions.

Defense lawyer Walter Laufenberg said his client was not guilty of a criminal act because the incident was an accident.

"It's an unspeakable act," Laufenberg said, "but just because a man died doesn't mean my client is a criminal."

Laufenberg said the road was dark, snow was falling and the victim "stumbled out" on the roadway.  He said  Aristizabal had been working before the crash and was headed home.

"It's not as if he's sitting in a bar all night," Laufenberg said, but he did not address at what point his client did drink alcohol.

Parsippany police Officer Michael Kimble, who was dispatched to the scene, was called as a witness by Foy and said he found Oberst lying in the road, conscious and alert.

"He attempted to get up, and I restrained him," Kimble said.

Vehicular homicide, also called death by auto, is a second-degree crime punishable upon conviction by up to 10 years in prison.

   Staff Writer Peggy Wright: 973-267-1142; pwright@GannettNJ.com.

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