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June 25, 2008
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Grand jury indicts area man on aggravated manslaughter

On June 19, a Monmouth County grand jury returned a 14-count indictment charging Scott Bennett, 42, of Freehold Township, with multiple crimes in connection with an October 2007 motor vehicle collision, which occurred at the intersection of county Route 537 and Gravel Hill Road in Freehold Township. The crash left one person dead and another seriously injured.

According to the Monmouth County Prosecutor's Office, the indictment charges Bennett with second degree eluding, first-degree aggravated manslaughter by eluding, first-degree aggravated manslaughter, second-degree vehicular homicide, second-degree leaving the scene of a motor vehicle accident resulting in death, third-degree causing death while driving in violation of N.J.S.A. 39:3-40 or unlicensed, second-degree aggravated assault by eluding, second-degree aggravated assault, third-degree assault by auto, fourth-degree leaving the scene of a motor vehicle accident resulting in serious bodily injury, third-degree causing serious bodily injury while driving in violation of N.J.S.A. 39:3-40 or unlicensed, two counts of third-degree endangering an injured victim, and third-degree resisting arrest.

A joint investigation into the collision was conducted by the Monmouth County Prosecutor's Office and the Freehold Township, Freehold Borough and Manalapan police departments in conjunction with the Monmouth County Serious Collision Analysis Response Team (SCART). The investigation revealed that on Oct. 7, 2007, at approximately 6:30 p.m., Bennett was operating a GMC Jimmy sport-utility vehicle on Kinney Road in Manalapan. At that time a Manalapan police officer attempted to stop Bennett for a motor vehicle violation. Bennett refused to stop for the officer, and instead led police on a high speed chase that continued into neighboring Freehold Township, according to the prosecutor's office.

As Bennett led the pursuing officers in a southerly direction on Gravel Hill Road he approached the intersection of Gravel Hill Road and Route 537. According to the prosecutor's office, Bennett should have honored a stop sign and brought his vehicle to a stop prior to entering the intersection. Bennett failed to stop at the stop sign, and as he passed through the intersection his vehicle collided with a motorcycle which was proceeding in an easterly direction on Route 537.

The motorcycle was being operated by Timothy Flanagan, 41, of Edison. A 43- year-old woman, also of Edison, was a passenger on the motorcycle. As a result of the collision, both Flanagan and his passenger were ejected from the motorcycle and thrown forcefully into the air. Prior to landing on the ground, Timothy Flanagan's body impacted with Bennett's vehicle.

According to the prosecutor's office, Bennett stopped momentarily after the collision. He then fled the scene, accelerating away rapidly. As he did so, Bennett's vehicle ran over Timothy Flanagan as he was lying in the road. Timothy Flanagan was pronounced dead at the scene as a result of blunt force trauma injuries to his head, neck and chest. The passenger on the motorcycle was transported to Jersey Shore University Medical Center, Neptune, where she underwent emergency medical treatment for a fractured pelvis.

Bennett was apprehended a short time later at his Gravel Hill Road residence, located a short distance from the crash site. Police officers observed Bennett using a blanket in an effort to conceal damage his vehicle sustained in the crash. Bennett attempted to flee from the police officers on foot and also physically resisted their efforts to place him under arrest, according to the prosecutor's office.

The investigation additionally determined that Bennett had a blood alcohol concentration in excess of the legal limit of .08 percent at the time of the collision. It also revealed that Bennett's driver's license was revoked.

Bennett is being held at the Monmouth County jail, Freehold Township, in lieu of $600,000 bail. The next proceeding will be his arraignment, which is the formal presentation of the indictment to the defendant. Bennett's arraignment will be scheduled within the next several weeks before state Superior Court Judge Ira E. Kreizman, to whom the case is assigned.

If convicted of first degree aggravated manslaughter, Bennett faces a maximum potential custodial sentence of up to 30 years. If convicted of first degree aggravated manslaughter by eluding, Bennett faces a maximum potential custodial sentence of up to 20 years. If convicted, Bennett faces a maximum potential custodial sentence of up to 10 years for second degree vehicular homicide and of up to 10 years for second degree aggravated assault. All four crimes are subject to the No Early Release Act which would require Bennett to serve 85 percent of the sentence imposed before becoming eligible for parole. Bennett would also face a sentence of up to 10 years for second degree eluding, up to a five-year custodial term on each third degree charge, and up to an 18- month term on the fourth degree charge.