'Tragic accident' or crime? Attorneys make their cases in Closter pedestrian death

A Hackensack man accused of fatally striking a man with his car while he was walking on the side of the road last month in Closter and fleeing the scene will be released but must adhere to certain conditions.

Jesus Yunganaula Tenempaguay is accused of killing Alan Friedman, 75, while he was walking on Durie Avenue in Closter at 3:30 p.m. on March 26. Friedman was rushed to the hospital and died of his injuries at Hackensack University Medical Center the next day.

Yunganaula Tenempaguay appeared before state Superior Court Judge James Sattely in Hackensack on Monday for his detention hearing.

He was originally charged with leaving the scene of a motor vehicle accident resulting in serious bodily injury, endangering an injured victim and hindering apprehension, but Yunganaula Tenempaguay's charges were upgraded to vehicular homicide, leaving the scene of an accident and hindering apprehension after Friedman died.

Yunganaula Tenempaguay's attorney, Craig Weis, argued the issue of whether a crime was committed. He said what happened was a "tragic accident" and that he isn't denying there was an accident, that his client was driving and that Yunganaula Tenempaguay consumed two beers before heading to work.

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"We're missing a link, because how do we ever make it criminal?" Weis said. "I just need to understand how we take the quantum leap."

Weis said he didn't know of any field sobriety tests that were done and that Yunganaula Tenempaguay, who was driving his boss's car, wasn't asked to take a Breathalyzer test. Yunganaula Tenempaguay's blood was taken, but the test results have not come back. Weis said if his client's blood shows an alcohol level of 0.08%, it would then venture into criminality as opposed to an accident.

In New Jersey, anyone whose blood alcohol level is at or over 0.08% can be charged with driving under the influence.

While arguing for probable cause, Bergen County Prosecutor Christine Howland said both Yunganaula Tenempaguay's boss and police who spoke with him could smell alcohol on his breath. She also accused him of fleeing the scene and driving to the restaurant where he has worked as a cook for 20 years.

Howland said field sobriety tests were done and that Yunganaula Tenempaguay failed them.

During the hearing, Howland presented video surveillance footage that showed the crash on two separate Ring doorbell cameras.

Howland said the footage clearly shows Friedman and his daughter walking against traffic on the side of the road when Yunganaula Tenempaguay swerves into the lane, hitting Friedman.

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"You can hear it; you can see the victim fly in the air and then land," Howland said.

Weis argued against Howland's assertion that Yunganaula Tenempaguay fled the scene. He said his client drove to his job, which he felt was a safe place and was only two blocks from the crash, and walked back to the scene. He then told his employer what happened when he saw the police there.

"I don't care if it's one block, two blocks — it's not at the scene," Howland said. "Once you leave the scene, you have left. It's very clear in the statute what your obligation is if you're involved in a motor vehicle accident."

Sattely ruled that Yunganaula Tenempaguay would be released, but with conditions. He will not be subjected to electronic monitoring, but he will have to do home detention and will not be allowed to leave his home except under specific circumstances.

Yunganaula Tenempaguay is allowed to go to work and medical appointments, to meet with Weis, to attend pretrial services and to go to court. Weis said Yunganaula Tenempaguay no longer has his job, and Sattely said he would be allowed to search for a job after filing the proper form for permission.

He is not allowed to drive or apply for a passport, cannot commit another crime, cannot change his address without informing the court and is not allowed to leave the country. Yunganaula Tenempaguay must report weekly to pretrial services, twice by phone and twice in person.

His next scheduled court date is May 11.

This article originally appeared on NorthJersey.com: Closter NJ hit-and-run suspect released with conditions