Judge says jurors can hear blood results, evidence in double fatal 2019 Lafayette crash

A Sussex County jury will hear key evidence that prosecutors say proves a Hampton Township tow truck driver was under the influence of psychoactive drugs prior to a horrific 2019 crash in Lafayette that killed two county residents, a state Superior Court judge has ruled.

Judge Michael Gaus, in a Jan. 25 order, gave prosecutors the green light to show future jurors blood and urine results showing Joseph Crilley, 32, was high on fentanyl, morphine and other psychoactive drugs when his wrecker crossed over the double-yellow lines on Aug. 5, 2019 in Lafayette and crushed a Honda Civic hatchback. Wax folds that allegedly contained heroin found on the driver seat and driver-side floor of the tow truck and a glass smoking device can also be shown, Gaus stated in his order.

Crilley, who has cycled through multiple defense attorneys since his arrest 39 days after the crash, sought to keep the evidence from jurors in a motion to suppress evidence, which included in-person testimony last summer by New Jersey State Police troopers James Celi and Daniel Rodriguez. Celi was first to look inside the tow truck's cab to obtain vehicle registration and driver's license information and discovered a bottle of sertraline, an antidepressant, but did not observe wax folds. Rodriguez testified he and a fellow trooper were second to look in the cab, where they discovered three wax folds.

Jeff Patti, Crilley's defense attorney, argued in court that the wax folds were unlawfully seized by Rodriguez without a warrant, but the judge in his order disagreed, instead stating that Rodriguez's search was lawful since, as a fatal crash investigator, he had rightful access to the interior of the truck to conduct an administrative inspection. Police may still seize evidence without a warrant if the evidence is in plain view and if the officer had probable cause to associate the evidence with a crime, the judge ruled, attributing his findings to a 2016 New Jersey Supreme Court decision.

Gaus disagreed with Patti's second argument that had Rodriguez not conducted the purported "unlawful" search the second time, there would have been no grounds for a search warrant to obtain Crilley's blood and urine. Crilley also did not show signs of impairment, Rodriguez testified, so there was no probable cause for the warrant, Patti argued.

Celi, who called the judge to obtain a warrant to analyze Crilley's blood and alcohol, was already in the process of applying for the warrant prior to the purported heroin being discovered and other evidence, such as the finding of the antidepressant medication and the severity of the crash, was enough for probable cause.

Patti told the New Jersey Herald this week that he is in the process of filing a motion to appeal Gaus' decision, which must be made within 20 days from the date the order was released. Patti is also seeking to "stay" the case, meaning all hearings will temporary pause, as the motion weaves its way through the state Appellate Division. The appeals court can either reverse Gaus' decision, allow additional arguments to be heard before Gaus or deny the motion.

Gaus noted during a Jan. 25 hearing in court that he anticipates moving the case along despite Patti's actions, stating that it needs a "high priority trial date." The trial is expected to take place in early spring.

Crilley was indicted by a Sussex County grand jury on Dec. 12, 2019 and is facing two counts of second-degree vehicular homicide, one count of assault by auto, a fourth-degree crime, and three counts of third-degree drug possession.

Police responded around 10:30 p.m. to the two-vehicle crash on Route 94 in Lafayette, according to court records. A crash reconstruction report, investigation and statements from witnesses established that Crilley, driving an Isuzu tow truck that was towing two vehicles was "speeding, crossed the double yellow lines and crushed the (Honda) with horrifying force," Gaus wrote in his decision, referring to testimony given by the officers.

Officers testified that the impact propelled the Honda backward more than 70 yards, or 210 feet, and when the vehicles came to rest, the Honda was partially trapped under the tow truck. The Honda driver, James Ziniewicz, 43, of Newton died at the scene and rear passenger, Bassirou Diate, 33, of Hamburg died of his injuries 26 days later. A third passenger suffered severe injuries, including a loss of her eye.

Crilley has argued that the truck's braking system failed and he was unable to stop in time, but prosecutors said an inspection found the brakes to be in working order.

Lori Comstock can also be reached on Twitter: @LoriComstockNJH, on Facebook: www.Facebook.com/LoriComstockNJH or by phone: 973-383-1194.

This article originally appeared on New Jersey Herald: Lafayette NJ crash: Judge says jurors can hear blood evidence