Paterson Man Pleads Guilty in Strict Liability for Drug Induced Death of Brendan Cole of Allendale
By Mary K. Miraglia
HACKENSACK, N.J. (May 1, 2017) — A Paterson man who is one of two defendants charged in the death of an Allendale man in January, 2014 pleaded guilty today to strict liability for a drug induced death, in return for recommendation of a 5-year state prison sentence.
Timothy Volpe, 23, admitted in front of Presiding Judge Margaret M. Foti today that he is the one who sold heroin to 22-year old Brendan Cole in Paramus on Jan. 3, 2014. Cole was found dead in his bedroom in Allendale early the next morning, police reports show. Investigators then contacted Volpe again by cell phone and set up a deal, which he thought was with Cole. When he and Kaleik Easton showed up to make the sale, they were arrested.
Volpe pleaded guilty to the first degree charge, which will be reduced to second degree as part of the plea negotiation. He also agreed to testify against his co defendant, Easton, 22 and also of Paterson, and pleaded guilty to third degree distribution of controlled dangerous substances, the sentence for which will run at the same time as the main charge. Foti explained to him that his “exposure” — maximum possible sentence, if convicted at trial, might be as much as 25 years and a fine of $275,000.
Volpe will have to serve 85% of the time, or about 4 years, 2-½ months. However, he has been in jail on bail since January 2014, more than three years. That time will come off his prison sentence, meaning he has about a year left. By the time he’s sentenced, he’ll have even more jail credit.
Easton, however, is taking a different tack. Defense attorney Gayle Hargrove filed a motion dated today attempting to exclude evidence, and told Attorney Weekly she thinks she has a good chance at trial. Hargrove said “the chain of custody in possession of the drugs was broken by the police.”
Hargrove contends the drugs which are the main evidence against her client were “thrown into a trash can by police”. They were later retrieved and used as evidence in the case.
Senior Assistant Bergen County Prosecutor Danielle Grootenboer of the Homicide Unit took umbrage at today’s motion. Now in the middle of trying the murder case against Daniel Rochat of Waldwick, Grootenboer said,”I think it’s very distasteful that this motion was dropped on me today.” But, the prosecutor said, “I don’t want to keep Brendan’s mother waiting any longer, so I am going to ask for assistance from the prosecutor’s staff,” meaning she will ask another prosecutor to handle the Easton motion.
Attorney Gale Hargrove, of the Bergen County public defender’s office, told Attorney Weekly it’s her responsibility to defend her client to the best of her ability and “This motion is part of that defense. Not only do I have the right to file this motion today, I can legally file one in the middle of trial if it’s necessary for my client’s defense.”
Grootenboer, although clearly displeased with the legal maneuver, did not withdraw Easton’s offer, which is the same as that offered to Volpe, five years state prison in return for a guilty plea.
Volpe, under questioning by his attorney, Diane D’Alessandro of Montvale, told the judge he had a contact listed in his cell phone as “Evans Boy” and that was the name he used for Brendan Cole. He said he received a text from Cole Jan. 3, 2014 and met him in Paramus to sell him the heroin. Easton, Volpe said, provided the heroin and came along for the sale “to make sure he got his money.” However, Easton did not deliver the drugs to Cole. Volpe admitted he alone did that.
A third co defendant, Eric “Big D” Carter, also of Paterson, pleaded guilty in 2015 to a lesser offense. Investigators said at the time they considered Carter peripheral to the case. He admitted driving Easton and Volpe to the Paramus meet, but said he didn’t know what was in the package they gave Cole.
