On Wednesday, June 1, a Somerset County Jury found Brian Niziolek, 29, of Basking Ridge guilty of second-degree unlawful possession of a handgun following a five-day trial in Somerville.
The incident dates to March 8, 2014, when Hillsborough police officers Andrew Chudy and John Carney responded at 3:30 a.m. to a single-car motor vehicle accident with injuries in the area of New Center Road and Orchard Drive in Hillsborough. They saw a vehicle with heavy front end damage, and found the vehicle’s three occupants (including Mr. Niziolek) seated outside the vehicle.
According to the prosecutor’s office, while investigating the accident, Officer Chudy observed a handgun (ultimately determined to be a .25-caliber semi-automatic handgun) on the ground near the passenger door of the damaged vehicle. Officer Chudy placed Mr. Niziolek in handcuffs, and Officer Carney secured the handgun. Mr. Niziolek was transported by ambulance to Robert Wood Johnson Hospital in New Brunswick for treatment, but tried to remove himself from the stretcher twice during the trip, police said.
The gun was processed for fingerprints and DNA evidence by the Hillsborough Township Police Department, the Somerset County Prosecutor’s Office and DNA laboratory of the State Police Office of Forensic Sciences. Forensic scientist Christopher Szymkowiak determined that Mr. Niziolek’s DNA was present at four locations on the handgun.
Following his conviction by the jury on the unlawful possession of a handgun indictment, Mr. Niziolek waived his right to be tried by a jury and agreed to a bench trial on a related indictment charging second-degree certain persons not to possess firearms. At the second trial, the state introduced into evidence Mr. Niziolek’s prior convictions for sexual assault, aggravated assault, possession of a weapon for an unlawful purpose, unlawful possession of a weapon, aggravated assault on a law enforcement officer, burglary, possession with intent to distribute a controlled dangerous substance, possession with intent to distribute within 1000 feet of a school and/or 500 feet of a public park and possession of a controlled dangerous substance.
Mr. Niziolek was found guilty of the crime of being a person not to possess firearms indictment by the Superior Court Judge Angela Borkowski, following the bench trial.
Based on Mr. Niziolek’s criminal history, he is eligible to be sentenced as a persistent offender to 20 years in prison with a 10-year period of parole ineligibility.
Mr. Niziolek’s bail was revoked, and sentencing was scheduled for July 22.
The state was represented by Acting Chief Assistant Prosecutor W. Brian Stack with the assistance of paralegal Sharon Janssen.
