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Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The defendant faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the defendant was found "not guilty" of all charges.

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Cape May County Fatal DWI Crash Results in Aggravated Manslaughter Charges

A Cape May County fatal car accident resulted in the death of two young teenagers who were walking along Bayshore Road on July 31, 2012. The driver of the vehicle, Joshua Malmgren, is alleged to have been intoxicated at the time he veered off Bayshore Road and struck the two teenagers who were walking to get ice cream. Nioami Lazicki, 15, and Ashley Dauber, 13, were walking near the Green Creek firehouse when they were struck and killed by the defendant’s Ford Bronco. A third teenager, Farrahanne Lazicki, was able to avoid the defendant’s vehicle.

A Cape May County Grand Jury recently handed up an indictment charging Joshua Malmgren with two counts of first-degree aggravated manslaughter in this accident.  The charge of aggravated manslaughter carries a mandatory state prison sentence of anywhere between ten and thirty years.  The Cape May County prosecutor’s office vigorously investigates and prosecutes all motor vehicle accidents involving alcohol and/or drugs where injuries or a fatality occurs.  An accident caused by a driver operating a vehicle while under the influence of alcohol or drugs will result in felony charges in the event of an injury or death. 

When an injury occurs because a person was driving under the influence of drugs or alcohol, the severity of any charge increases considerably and may elevate up to felony charges.  If you have caused an accident by driving under the influence and caused an injury or death you will likely face felony charges of aggravated assault by auto or homicide.

It appears that the state has evidence indicating that Mr. Malmgren was under the influence of alcohol and/or drugs when he failed to maintain his lane of travel and struck two teenagers.  If convicted, Mr. Malmgren will face many mandatory years of state prison.

A person who is facing charges consequent to a motor vehicle accident involving alcohol and/or drugs should contact a criminal defense attorney as soon as possible.

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