Prosecutor Makes 3-Year Offer in Cell Phone Fatal Trucker Accident
By Mary K. Miraglia
HACKENSACK, N.J. (March 13, 2017) — The prosecution has made a one-time plea offer to an Elmhurst, NY trucker who caused an accident that killed a Hudson County man on the New Jersey Turnpike in Carlstadt June 9, 2014.
Henry Flores, 58, must answer Assistant Bergen County Prosecutor Martin Delaney’s offer by the next status conference on March 27, or the offer to plead guilty to third degree assault by auto with recommendation for a prison sentence of three years flat will be off the table, Delaney said.
Flores is charged with second degree death by auto, a considerably more serious charge carrying a potential sentence of at least five years in state prison.
Presiding Judge Susan J. Steele told Flores if he takes the plea, he has the right for his attorney, Jose M. Cameron of Perth Amboy, to argue for non custodial probation at sentencing. Flores speaks no English and must have court proceedings relayed to him by a court interpreter.
“There would be a presumption against incarceration for this offense,” Steele said, meaning the reduced charge of third degree assault by auto.
Delaney said if Flores doesn’t accept the deal by the next court date, “We have a trial date and are good to go.” The case is set to go to trial May 2.
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.
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 is free on $50,000 bail, pending his trial.
