Bail Reduction Denied for Steven Duchack of Fair Lawn on Charges of Manslaughter-Death
By Mary K. Miraglia
HACKENSACK, N.J. (May 1,2017) — A Fair Lawn man who wanted his $250,000 bail reduced failed Monday, May 1 to convince a judge he deserved it.
Steven Duchack, 59, of 13 Smith Ave. is charged in the Sept. 23, 2016 manslaughter death of 64-year old William Champin of North Haledon who, the prosecutor said in court Monday, “was sitting in his truck at a neighbor’s home” when Duchack assaulted him without cause.
Although not entirely clear, it’s believed the attack had something to do with the fact Champin was giving Duchack’s girlfriend a ride.
Champin went home suffering facial injuries that worsened. He told him roommate later that evening “his head was throbbing and he couldn’t stand the pain.” He went to St. Joseph’s Regional Medical Center in Paterson by ambulance that night, where his condition steadily deteriorated, the prosecutor’s office has said. The hospital placed him on the critical list Sept. 30, and he died Oct. 4.
Duchack’s attorney, James M. Doyle of Galantucci, Patuto, DeVencentes, Potter & Doyle in Hackensack, said his client’s bail — which is under the old bail system — is higher than the normal range for a second degree offense and should be reduced. Doyle argued that the maximum bail for the crime Duchack is charged with would normally be $200,000 and factors in his client’s favor should place him “in the mid-range,” or at $150,000, a reduction of $100,000.
He said Duchack has employment waiting for him, and that he needs to spend time with his family recovering from the unexpected deaths of two relatives, most notably his adult daughter.
Assistant Bergen County Prosecutor Tom Kearney of the Homicide Unit objected. He said in Bergen County it’s not unusual for bail in such a crime to be as much as $1 million.
“What is the standard?” Presiding Judge Margaret M. Foti asked.
Kearney replied that under the facts and circumstances of the case, $250,000 cash bail (no 10% option) is justified. He said Duchack has 12 prior arrests, “many of them assaultive in nature,” and a criminal conviction.
“We ask that there be no change,” Kearney said. “The only circumstance of the case that has changed is he’s now been indicted.”
The prosecutor also objected to Doyle’s assertion that Duchack needs time to grieve.
“He needs grief counseling, after he has put another family in need of grief counseling, I find that disingenuous,” Kearney said. “He caused a massive brain injury that resulted a 60-year old man’s death He has been been indicted on second degree manslaughter and second degree aggravated assault.”
Foti said the factors to be considered in setting bail include the seriousness of crime, a likelihood of conviction, any prior criminal record, the defendant’s reputation and mental status, and employment. Also of concern is the risk of flight, danger to the community, and abuse of process issues.
“Bail should not be excessive ,” she said. “The judge who set the bail in this case made a finding that $250,000 was a reasonable bail. Under the circumstances and given fact he has been indicted for serious second degree crimes, has a prior criminal record and was not a long standing member of the community, I’m not inclined at this time to lower his bail.”
Duchack was initially charged with aggravated assault, which was upgraded to second degree reckless manslaughter in October when Champin died. He will be back before Judge James J. Guida, who is handling this case, May 15, at 9 a.m.
