Both sides rest in Parsippany fatal crash trial
A Morris County assistant prosecutor and a defense lawyer both rested their cases Thursday in the trial of a Dover man who is charged with recklessly causing the death of a pedestrian on Route 10 in Parsippany in 2012 by driving while intoxicated.
The Morris County jury has been asked to return to the courthouse Monday to hear closing arguments and receive legal instructions from Superior Court Judge William McGovern before starting deliberations on the fate of defendant Fabio Aristizabal, 61.
Defense attorney Walter Laufenberg on Thursday unsuccessfully asked the judge to enter a judgment of acquittal for his client. Laufenberg said that Aristizabal displayed no signs of intoxication at the scene, was cooperative with police, and that the victim -- 64-year-old Richard Oberst -- had stepped onto the dark roadway around 1:50 a.m. on Dec. 22, 2012 while snow flurries were swirling.
The judge, after hearing arguments from Assistant Prosecutor Peter Foy to let the jury decide the case, refused to acquit Aristizabal and said there was sufficient evidence presented by the state for the charge to go to a jury.
Blood drawn from Aristizabal about two hours and 20 minutes after the incident showed a blood-alcohol concentration of 0.073 percent, or less than the 0.08 percent level at which a driver is considered legally intoxicated in New Jersey. But Foy called a scientist from the State Police, who did extrapolation calculations and determined that Aristizabal's BAC was between 0.09 percent and 0.14 percent at the time of the crash.
The scientist conceded in cross examination, however, that Aristizabal's BAC might also have been in the process of rising, instead of dropping, when the blood was drawn, Laufenberg said.
Foy called as his last witness Morris County Deputy Medical Examiner Dr. Carlos Fonseca, who said the victim -- who lived near the accident site by the Pelican Ski Shop on Route 10 -- died of multiple injuries to the lower part of his body, mainly the pelvis area.
"The pelvis is a very vascular structure. There's going to be a lot of bleeding," Fonseca said.
Oberst, who authorities said has no local relatives, died of his injuries about 12 hours after he was struck. Fonseca said Oberst had an enlarged heart but he didn't die of heart disease.
The jury has to decide whether Aristizabal is guilty or not of vehicular homicide, or recklessly causing death by consciously disregarding an unjustifiable risk that death would occur by his actions. Vehicular homicide is punishable upon conviction by up to 10 years in prison.
Staff Writer Peggy Wright: 973-267-1142; pwright@GannettNJ.com.