Freehold resident indicted in wake of April accident
On Oct. 10, a Monmouth County grand jury returned an indictment charging Garin Cayetano- Rodriguez, 25, of Freehold Township, with one count of third-degree assault by auto and one count fourth-degree assault by auto. The indictment follows an investigation into a two-car collision which occurred at about 10:49 p.m. April 22 in Howell.

According to a press release from the prosecutor's office, the investigation was conducted by the Howell Police Department. It revealed that just before the collision, Cayetano-Rodriguez was operating his 2002 Ford Windstar minivan northbound on Route 9 at an excessive speed. The victims' vehicle, a 2001 Lexus 300, had also been traveling northbound on Route 9.

The Lexus had been stopped at a red light and was struck from behind by Cayetano-Rodriguez's vehicle just as it was beginning to move forward again after the light turned green. Cayetano- Rodriguez attempted to stop prior to hitting the Lexus and his van left approximately 252 feet of skid marks on the road, according to the press release. The force of the impact propelled the Lexus into the intersection of Route 9 and West Farms Road. Cayetano-Rodriguez's vehicle rolled onto its side.

The occupants of the Lexus were transported to Jersey Shore University Medical Center, Neptune, with varying degrees of injuries. The left rear seat passenger, Nicholas Beshara, 19, of Howell, suffered a concussion and a fractured femur for which he had to undergo surgery.

The right rear passenger, Matthew Biscotti, 19, of Jackson, suffered a concussion and an injury to his back.

The right front seat passenger, Michael Kirzhner, 19, of Howell, and the driver, Anthony Diangelo, 20, also of Howell, sustained less serious injuries and were treated and released from the hospital, according to the press release.

Cayetano-Rodriguez was also transported to Jersey Shore University Medical Center. While at the hospital a blood sample was taken from Cayetano-Rodriguez which revealed his blood alcohol content to be in excess of the legal limit of 0.08 percent, according to the prosecutor's office.

Cayetano-Rodriguez was issued summonses charging him with the motor vehicle offenses of driving while intoxicated, reckless driving and failure to wear a seat belt. He was also charged with two counts of assault by auto. He was released on his own recognizance.

Assault by auto is a crime of the third degree if the defendant is intoxicated and the victim sustains serious bodily injury. If the victim defendant is intoxicated and the victim sustains bodily injury, assault by auto is a crime of the fourth degree. If convicted of third degree assault by auto, Cayetano-Rodriguez faces a maximum potential state prison sentence of up to five years. If convicted of the fourth degree crime he faces a maximum potential 18 months incarceration, according to the press release.

Monmouth County Prosecutor Luis A. Valentin said, "As a result of Cayetano- Rodriguez's decision to drive an automobile while his blood alcohol level was in excess of the legal limit, four innocent people suffered harm. One of those four sustained permanent injuries. Driving drunk and causing injuries is not merely a motor vehicle accident, it is a crime, and those individuals who engage in this conduct must face the consequences of their reckless actions."

The next court proceeding will be the arraignment of the defendant, which is the formal presentation of the indictment to the defendant. The arraignment will be scheduled before state Superior Court Judge Paul F. Chaiet, sitting in Freehold.

The case is being prosecuted by Assistant Prosecutor Ellyn Rajfer. Counsel has not yet entered an appearance on behalf of the defendant, according to Valentin.