One Year Prison Deal for Trucker Who Killed Man on Turnpike While Using Cellphone
By Mary K. Miraglia
HACKENSACK, N.J. (March 27, 2017) — An Elmhurst, N.Y. trucker pleaded guilty today to causing an accident on the New Jersey Turnpike that killed a Harrison man in return for a sentencing recommendation of one year in New Jersey State Prison.
Henry Flores, 58, stood before Presiding Judge Margaret M. Foti and admitted using his cell phone seconds before the turnpike southbound accident that took the life of 43-year old Jeffrey Humphrey of Harrison.
Questioned by his attorney, Jose M. Cameron of Perth Amboy, and Assistant Bergen County Prosecutor Martin Delaney, Flores said he had picked up the phone and was looking at the screen on the phone at 4:49 p.m. June 9, 2014 and when he looked back at the road, the accident began to unfold.
Delaney said the truck’s Onstar computer recorded the impact of Flores’ tractor-trailer with a car in front of him at 4:50 p.m. Flores said he picked up the phone and entered a code to unlock the screen while he was looking at it.
“Everything happened while you were making this call, correct?” Cameron asked. Flores, speaking though a Spanish interpreter, said it did. “When you looked, the car on your right came into your path. You began to change lanes, then changed your path and went back into the original lane, striking a car, correct?” Flores agreed.
The statement was somewhat confused because, Cameron said, Flores doesn’t remember the details of the accident that well. But he does remember using the phone.
In the accident that killed Jeffrey Humphrey of Harrison, 43, Flores was driving a Kenworth semitrailer rig on the New Jersey Turnpike southbound in Carlstadt when he collided with a vehicle in front of him that had apparently slowed. The truck veered and rolled over, causing a chain-reaction crash. Several vehicles were involved, Humphrey was killed, and several other people were injured.
Flores has a significant history of motor vehicle offenses, including at least 19 summonses for various traffic violations, and a ticket for using his cell phone while driving approximately two months before the accident that killed Humphrey.
Investigators including the New Jersey State Police and Bergen County Prosecutor’s Office uncovered evidence that they say proves Flores was using a cell phone when the accident occurred.
Flores was due for a trial date today, if he didn’t plead guilty. He will be free on $50,000 bail until sentencing May 5 at 9 a.m. Depending on probation conditions, he could be out of prison in as little as four months.
The Ecuadoran-born Flores is a naturalized citizen. He told Presiding Judge Margaret M. Foti he achieved citizenship through marriage. Foti, however, took the precaution of giving him immigration information.
Flores had been charged with second degree death by auto, a considerably more serious charge carrying a potential sentence of at least five years in state prison. Under terms of the plea deal, the charge has been reduced to fourth degree assault by auto. The maximum prison time for that crime is 18 months, and the maximum fine is $10,000.
