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Van Driver In Route 70 Accident Charged With Vehicular Homicide, DWI

Woman who died was heading home after being involved in a fender bender

involved in the Saturday evening accident at the intersection of Route 70 and Massachusetts Avenue faces a slew of charges, including death by auto, driving under the influence, being an unlicensed driver, reckless driving, and leaving the scene of an injury accident, along with other motor vehicle charges, according to Chief Michael Mastronardy.

The driver was identified as Abel Hernandez, 127 North Oak Avenue, Lakewood. Hernandez is being held in the Ocean County Jail on $175,000 bail set by Judge James Blaney. 

Hernandez is also being held on a detainer from U.S. Immigration and Customs Enforcement due to his illegal status, according to police. 

Hernandez allegedly fled the van after the accident, running north, but was apprehended within an hour of the accident on Massachusetts Avenue by Lakewood Officer Ed Vega. 

The and Toms River Police identified the victim of last night’s fatal accident as Jean McCarthy, 71, Camino Verde Street, Toms River. She was a passenger in a pickup truck driven by her husband Ed McCarthy, 74, who is in serious condition at Jersey Shore University Hospital in Neptune as a result of the accident, according to police.

Mr. McCarthy’s vehicle was westbound on Route 70 when it was struck head on by the van making a left turn onto Massachusetts from 70 eastbound, according to Mastronardy.

Officer Art Pennell and a Sheriff’s k-9 unit were also brought to the scene to track the driver.

Toms River Police EMS and Silverton First Aid Squads, along with Ridgeway, Manchester and Pleasant Plains Fire companies assisted at the scene.

Mrs. McCarthy had just been involved in a minor accident at Route 9 and Route 70, according to Mastronardy. In that accident Mrs. McCarthy struck the rear of a car that was being operated by a 73-year-old Manchester Township woman who was slowing in traffic. McCarthy's husband came to the scene of that non-injury accident to drive his wife home to their residence a mile down the road. They just left that accident when the fatal accident occurred ¼ mile down the road, said Mastronardy.

Anyone with information can contact Traffic Safety Officer Steven Schwartz at 732-349-0150 ext 1293 or the Ocean County Prosecutors Office at 732-929-2027.

Martin December 20, 2011 at 01:00 PM
Amen! However, the facts never bothered Faux News and its brainwashed audience.
Catherine Galioto (Editor) December 20, 2011 at 01:22 PM
Here is the article: http://patch.com/A-p7Nz
Mattie December 20, 2011 at 01:28 PM
Martin, I know... my eyes have truly been opened since I began reading the Patch several months ago. I never in my wildest dreams believed so many people could be so out of touch, so biased and prejudiced, and so UN-American in their ways. I feel like I've stepped back into America-circa-1964. Eye opening and very very discouraging... to say the least.
Mattie December 20, 2011 at 01:37 PM
No, KEN, he's comparing the *social atmosphere* of Unacceptance, bigotry and Hate - back in Jesus' time and NOW. Get it?
Mattie December 20, 2011 at 03:02 PM
Hispanic Ethnicity: According to the Census, people of Hispanic origin, were those who indicated that their origin was Mexican, Puerto Rican, Cuban, Central or South American or some other Hispanic origin. It should be noted that people of Hispanic origin may be of any race. Lakewood NJ: Hispanic pop: 24% Non-Hispanic pop: 76% White: 70% Source * http://www.clrsearch.com/Lakewood_Demographics/NJ/
Ken December 20, 2011 at 09:13 PM
Mattie, you are right about one thing I do not accept people breaking the law even if you do. I have no problem with coming here Legally like so many people did years ago. I have a problem with them coming here illegally. As far as bigotry I feel anyone from any country that came here ILLEGALLY should be deported. Try going to any other country in the worls illegally and see what happens.
Ken December 20, 2011 at 09:17 PM
Mattie, while it may not solve every single problem to get rid of all the illegals it sure would make things a lot better in this country if they were gone. If they want to come here legally that is fine, if they don't want to do it legally than they should not be here. As far as your articles they are not all correct either. First of all I am in food stores and all the time will see people who do not speak English, but they do know how to use their food stamps. Also illegals do get free health care since hopsitals are not allowed to not take care of someone and that is why so many hospitals in California have closed and why your health insurance premiums are so high.
Joe December 21, 2011 at 12:18 AM
Mattie, the word Nation is defined as a community of people who share a common language, culture, ethnicity,descent and/or history. In 1964 America was a Nation. Today because of the 1965 Immigration Act and illegal immigration this once great nation is becoming infiltrated with Foreigners who have no desire to learn our language,culture or history. In 1924 Immigration was stopped for 40 years to allow for assimilation. This is not happening now. The people who work hard and play by the rules should not have their futures stolen by lawbreakers. Why should we have to pay for you to come here and get a free ride .I call upon any politician who is reading this to call for a moratorium on all immigration. I also call upon all American Citizens to write their Congressman and let him/her know how you feel about Mrs. McCarthy being killed on Route 70 by an illegal alien the other day. Oh yeah, don,t forget to mention he ran from the scene as the poor women died. Yeah, Nation?
Ken G December 21, 2011 at 12:21 AM
Do not forget how you got here, how your ancestors got here (legally). By that I mean if we close off the boarders, it denys those who truly want to live "The American Dream" legally.
Mattie December 21, 2011 at 12:34 AM
Illegals do not get food stamps, welfare or unemployment. http://blog.chron.com/immigration/2008/01/illegal-immigrants-on-welfare-fact-or-fiction/ http://www.factcheck.org/2009/04/cost-of-illegal-immigrants/ http://www.theicosamagazine.com/the-broken-system Ken, just because someone doesn't speak English, doesn't mean they are "illegals". There is no law against speaking other languages in America. This is America. They could be NEW immigrents who have not learned much of English, yet. They could be here on some sort of Visa or temporary status... English is still not required. This is America. I don't have insurance either, and if something drastic happens to me, I will also be cared for in the ER regardless of my ability to pay. Thank Gods, we're HUMAN, and do at least that for everyone. Nothing to be ashamed of. This is America. Illegals do not get food stamps, or welfare. IF *IF* they have 'anchor babies' they MIGHT qualify for assistance JUST FOR THE BABIES, not for them. But technically, those kids are not 'illegals'... they are citizens. That's the law. This is America. Our laws were devised and based on acceptance, not exclusion. However more and more too many of us want America to close its doors to everyone not white, not from Europe and not Christian. THAT is NOT America.
Mattie December 21, 2011 at 12:44 AM
Joe if you think all the illegal aliens here in this country are here illegally because they WANT to be illegal, you're wrong. The reason they are illegal is because the system by which they can apply for legal citizenship is frankly- Effed Up. Like I've said before, I know different people here from other countries- Japan, the Phillipines, and South Africa. They have been trying for up to 10 YEARS to get a permanent visa/green card and to eventually become citizens. They work, pay taxes, are educated, law abiding people.... and they STILL can't become citizens. The paperwork is astounding, the hoops they jump through and renewal hassle is enough to make one cry in frustration. Imagine if you're not really wanted here in the first place- like Mexicans, or Cubans, or other darker skinned people. Don't pretend that's not the real issue... and don't pretend the system works all they need to do is try. That's simply Not reality.
Ken December 21, 2011 at 12:49 AM
Mattie, first of all the anchor baby thing should be changed. We are the only country who does this. Illegals come over the border pregnant or get pregnant as quick as possible so they can stay here, that needs to stop. I never said close the borders, but get rid of illegals and let them come hear legally like most of our ancestors did. Also if you are new here and collecting anything from the government that is a joke. My family came here and did not look for any handouts, they worked hard and supported themselves and their families. One comment about this not being America is correct. It is not the America I grew up in. It is a country where we now reard crimminals (Illegal Aliens). I am also sick of everyone using the racist card. I do not care what color, race or religion they are, if they are here illegally they should be gone and anyone who hires then should be thrown in jail.
Mattie December 21, 2011 at 12:52 AM
@ Joe- Nation: 1. a large body of people, associated with a particular territory, that is sufficiently conscious of its unity to seek or to possess a government peculiarly its own: The president spoke to the nation about the new tax. 2. the territory or country itself: the nations of Central America. 3. a member tribe of an American Indian confederation. 4. an aggregation of persons of the same ethnic family, often speaking the same language or cognate languages. Number 4. is number 4 for a reason... because number 4 is a specific use of the word, much more specific than 1, 2, and 3
Ken December 21, 2011 at 12:53 AM
Ken G you did make one good point, mst of us our ancestors came here legally, which is a very big point. I personally am not saying close our borders. I am saying get rid of all illegals and send them back to whatever country they are from back. Than let them come here legally as many people do each year. Also as our ancestors did learn to assimilate and do not look for handouts from the government. Also the practice of anchor babies should be abolished, no other country in the world does this.
Shore Skeptic December 21, 2011 at 01:21 AM
On the contrary, Illegals DO get food stamps, welfare AND unemployment. Many of them use stolen social security numbers and birth certificates. Additionally, illegal parents of disabled childen born here get $$$ from the state.
Mattie December 21, 2011 at 01:23 AM
33 other countries also have "anchor baby" laws. You are repeating a Glenn Beck talking point which has been Fact-checked to be FALSE. http://www.politifact.com/truth-o-meter/statements/2010/aug/06/lindsey-graham/illegal-immigrants-anchor-babies-birthright/ And there are several other foxnews/rightwing talking points about illegals that have been Fact-checked as FALSE, too.
marcy December 21, 2011 at 02:56 AM
Sounds lovely. One problem everyone wants to get into the same place.
Mattie December 21, 2011 at 12:44 PM
That may be true Marcy, which is one reason we need a comprehensive, logical method to offer to people that want to immigrate here. There should be a number set to allow in every year or every two years, and the process for them once they are allowed in should take no more than Two years - two years they have to prove they will work, obey laws and be productive citizens. Then they can swear in as citizens. I even agree that anchor baby laws should be repealed. But right now they aren't. The real problem is, what to do about the ones here NOW? We may have to suck it up and grant them an amnesty period to come forward and be processed into the (new, friendlier) system. Will that work? I don't know. I'm not pretending to have all the answers -- and believe me, I do admit we've got a problem. But I see the problem as something that needs to be solved through a better, logical system, not LAWS!! and prison!! and deportation!! This isn't a middle-eastern country. In the meantime, if we don't admit what the real problem is, we will never fix it, only continue to blame and vilify *certain* types of immigrants. To me, that's wrong.
jim December 21, 2011 at 08:57 PM
There called ILLEGAL immigrants.
Ken December 22, 2011 at 12:02 AM
Mattie...In the meantime, if we don't admit what the real problem is, we will never fix it, only continue to blame and vilify *certain* types of immigrants. To me, that's wrong. You are right as far as me, I will continue to blame "certain" immigrants, the ILLEGAL ONES!!!!!
Lee December 22, 2011 at 11:50 AM
Ken, I agree with you. The more we cater to them the more we will have comming to our state. When our grandparents came here from Europe they had to learn to read, write english. Than they went to take the exam to become a citizen. Nothing was catered to them, the exam was not given in there language, ENGLISH only. Thay had to be in good health and also had a place to live and a job waiting for them. WHAT happen over the years. (goverment was more interested in how they could finagle money form the hard working citizen) that they didn't truly care about what was happening around us. They just took, took took from the US citizen and gave gave gave it to the illegals More states should become like Arizon
Ken G December 22, 2011 at 02:38 PM
America stole mexico
Shore Skeptic December 22, 2011 at 03:29 PM
No, we did'nt. Google the "Gadsden Purchase" and the "Treaty of Guadalupe Hidalgo".
Mattie December 22, 2011 at 04:09 PM
Ken G, Americans don't like that word "stole"... prefer to think of it as "creatively acquired through warfare and/or righteous conquest". See the difference?
Anthony Abramson February 02, 2012 at 03:50 PM
ty all for commenting on this car wreck about my mother Jean. We are all trying to move on but it is hard as i am sure some of you can see. The guy that did this is still in jail and will never see the light of day. There is a lot of things and people to blame. He is for sure one of them and the company he works for for hiring these kinds of people to work for them and not checking them out. 2 is the drinking and driving there needs to be harder laws on this like the death penalty. If for any reason at all you take a life then your life should be taken as well. My father is doing better he is out of the hospital and is at home. He is still trying to walk and it is hard for him. So all we can do at this time is pray for my family and that this guy never ever gets to do this to someone else again! ty mom I love and miss you more and more everyday. It is getting harder to say good bye. but I know it is not forever as we will all see you again in heaven. but until that day comes you will always be in my heart and will never be forgotten. So sleep well with the Angels as you are one yourself now! amen
marcy February 02, 2012 at 04:27 PM
God Bless your family. My heart goes out to you and you have all been on my mind since that tragic day. This irresponsible illegal immigrant needs to be punished. I am not saying they all behave this way but there are many out there and getting away with too much. This problem is way out of hand. You will all be in my prayers continually. Your mom is in the arms of God now. Take care of yourselves.
zury M March 12, 2012 at 12:23 AM
hey why r u people insulting mexicans.... if you people knew about history u wouldn't be talking.... the real Americans are the Indian americans... so you all are considered ILLEGALS....as well... how many GRINGOS drink and drive so don't talk, ur not perfect.... so all of u guys that want to get rid of all illegal immigrants that's not going to happen cause u all live from them... hahahh ill laugh right in ur face..... sorry for the Fam....
marcy March 12, 2012 at 12:34 AM
If you've been reading these posts it is not mexicans or immigrants they are talking about,it's ILLLEGALS from anywhere. and yes we all know we came from immigrants......legal ones. Thanks for the info.
Catherine Galioto (Editor) July 19, 2012 at 11:46 AM
Hello, there is an update to the story, now that an indictment was filed: http://tomsriver.patch.com/articles/driver-indicted-in-december-crash-that-killed-toms-river-woman
Anthony Abramson January 29, 2013 at 04:27 AM
Hear is a up date on the case about my mother I got a call today from the state attorney about my mother's case she told me that the state is offering 7 years his attorney wants 5 the judge said okay I'll go in between and go 6 if he doesn't take the play and goes to trial he is looking at only 6 years for the vehicular homicide and leaving the scene of a fatal crash you all know my mother was killed by drunk driver on December 17 2011 and my father was very badly hurt in the crash as well please pray for my family on fair justice and so many others that are going through what we are going through thank you then my sister texed me with this No it doesnt and i feel i have done all i can with the petitions and other stuff I just got this text right now he pleaded guilty and sentencing is scheduled for March 15th. No time yet. Carol will explain everything.

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