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August 8, 2007
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Assault on Englishtown cops sends man to prison

On July 27, Austin K. Genoa, 21, of Old Bridge, was sentenced to a seven-year state prison term after a jury convicted him in May of eluding Englishtown police, aggravated assault by eluding police, and two counts of possession of a controlled dangerous substance. The sentence was imposed by state Superior Court Judge Paul F. Chaiet, sitting in Freehold, who presided over the trial.

According to a press release from the Monmouth County Prosecutor's Office, at the conclusion of the trial Chaiet found Genoa guilty of the disorderly persons offense of possession of marijuana under 50 grams as well as of numerous motor vehicle offenses including reckless driving, possession of a controlled dangerous substance in a motor vehicle and failure to maintain lane. Lesser charges such as these are determined by the judge, not the jury.

The sentence imposed on Genoa is subject to the No Early Release Act, which means that Genoa must serve 85 percent of that sentence, or approximately five years, 11 months and 16 days before he can be considered for release on parole.

The evidence presented during the trial revealed that on the evening of May 20, 2006, Genoa was driving his 2002 Ford Explorer in Englishtown with two passengers, a 19-year-old man from Parlin and a 20-year-old man from Old Bridge, when Englishtown Patrolman First Class Michael Maccinnes stopped him in the area of Gordons Corner Road and Whitman Boulevard, Manalapan, for numerous motor vehicle violations. Maccinnes smelled marijuana coming from the car and asked Genoa to step out of the vehicle.

At this point Englishtown Patrolman First Class Trevor Martinson arrived on the scene as a back-up. Martinson stayed with Genoa at the rear of the Explorer while Maccinnes went to the passenger side of the Explorer to investigate the odor of marijuana.

Genoa then ran from the rear of the Explorer to the driver's-side door and re-entered the vehicle, jumping into the driver's seat and stomping on the accelerator in an attempt to flee.

Martinson attempted to physically apprehend Genoa through the driver's-side window and Maccinnes attempted from the passenger side to prevent Genoa from putting the vehicle in drive. Genoa succeeded in putting the Explorer into drive and sped off at speeds estimated to be up to 40 mph, with both officers still hanging from the vehicle, according to the press release.

After a short distance, as Genoa continued to increase speed, both officers pushed off of the moving vehicle and fell violently to the ground, sustaining back, neck and knee injuries. Moments later the passenger who was in the front seat, the 20-year-old Old Bridge man, jumped from the speeding vehicle. He suffered significant head trauma and was taken from the scene by ambulance.

Genoa continued to flee in the Explorer, turning onto Sandpiper Lane in Manalapan where he abandoned the vehicle and fled on foot before disappearing into a residential neighborhood. The second passenger also exited the Explorer, but he ran back toward the police officers. Efforts to locate and apprehend Genoa that night were unsuccessful.

According to the prosecutor's office, Genoa turned himself in to police several days later. A lawful search of the abandoned Explorer revealed a quantity of marijuana, cocaine and steroids inside the vehicle.

At the trial, the defense presented two alibi witnesses who testified that Genoa was with them in Staten Island, N.Y., on the night of May 20, 2006. The jury rejected that defense and convicted Genoa after a day of deliberations, according to the press release. The jury did acquit Genoa on an additional marijuana charge relating to a bag of drugs that was found discarded behind one of the houses where Genoa had fled on foot.

Monmouth County Prosecutor Luis A. Valentin said, "Genoa's reckless acts on the evening of May 20, 2006, endangered not only the lives of the investigating police officers, but also those of the passengers in his vehicle as well as other motorists and pedestrians who could have potentially crossed Genoa's path as he fled from the police. It is fortunate that no one else was harmed."