Towaco man, 19, indicted on death by vessel charge in fatal 2021 boat crash in Toms River

Ken Serrano, Asbury Park Press
·3 min read

TOMS RIVER - A 19-year-old Towaco man has been indicted on charges of death by vessel and other offenses as a result of a June 13, 2021, pontoon boat crash  that killed a Seton Hall University student from Whippany.

The Wednesday indictment against Juan A. Fernandez II in the death of Corey T. Molinari, 19, includes charges of strict liability vehicular homicide and assault by vessel.

Fernandez’s father, Juan A. Fernandez, Sr., 59, also of the Towaco section of Montville, was indicted on a hindering apprehension charge for allegedly providing false information to law enforcement agents during the investigation, Ocean County Prosecutor Bradley D. Billhimer said in a release.

The early morning head-on crash into a concrete Intercoastal Waterway marker — a lighted channel marker — injured at least six other passengers, Billhimer said. It happened near Route 37 in Toms River.

Fernandez was able to navigate the 2014 Bennington pontoon boat after the crash to reach rescuers and police, according to officials.

Legal office of lawyers, justice and law concept : Wooden judge gavel or a wood hammer and a soundboard used by a judge person on a desk in a courtroom with a blurred brass scale of justice behind.
Legal office of lawyers, justice and law concept : Wooden judge gavel or a wood hammer and a soundboard used by a judge person on a desk in a courtroom with a blurred brass scale of justice behind.

Troopers from the State Police Marine Services Bureau went to Antiqua Avenue in Toms River at 1:13 a.m. that Sunday after receiving a call about the crash. Toms River police officers and rescuers also responded.

Molinari was thrown from the boat and suffered severe bodily injuries and head trauma, Billhimer said.

He was flown to Jersey Shore University Medical Center in Neptune, where he died from his injuries.

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First responders tended to at least six other occupants, all of whom suffered various injuries, Billhimer said. It was unclear if Fernandez was among them.

Fernandez consented to a blood test at 9:30 a.m. that day, during the investigation into the crash. He registered a blood alcohol content of  0.037%.  But a forensic psycho-pharmacologist found through “extrapolation analysis” that Fernandez’s BAC at the time of the collision hours before was between 0.13% and 0.15%, Billhimer said.

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The legal threshold for intoxication in New Jersey is 0.08%.

Fernandez was first charged after his arrest in September.

The vehicular homicide charge carries a maximum prison term of 10 years if there's a conviction. The other two charges can each lead to up to five years in prison.

Fernandez's attorney, Matthew James Troiano of Denville, said, "This is a tragic case, resulting from an accident last June that led to the loss of life.  My sincere condolences to the Molinari family."

Michael Rubas, an attorney with an office in Manasquan who represents Fernandez's father said, "We learned of the Indictment today.  It is truly a tragedy for all involved.”

Molinari, a 2020 graduate of Whippany Park High School, just finished his first year at Seton Hall University's W. Paul Stillman School of Business where he was majoring in economics, according to his obituary.

The boat and car enthusiast was a member of Spartan Powerboat Club, which has held events in Barnegat Bay.

Ken Serrano covers crime, breaking news, investigations and local issues. Reach him at kserrano@gannettnj.com.

This article originally appeared on Asbury Park Press: Toms River NJ boat crash: Man indicted on death by vessel charge