A state Superior Court jury has convicted an Old Bridge resident of second-degree aggravated assault by eluding and two counts of third degree possession of a controlled dangerous substance (CDS) stemming from an incident in Manalapan in which two Englishtown police officers were injured.
According to a press release from the Monmouth County Prosecutor’s Office, the jury convicted Austin K. Genoa, 21, of Old Bridge, on May 16 following a five-day trial. In addition to the aggravated assault and CDS convictions, Genoa was also convicted of the disorderly persons offense of possession of under 50 grams of marijuana.
The evidence presented during the trial revealed that on the evening of May 20, 2006, Genoa was driving his 2002 Ford Explorer in Englishtown with two passengers, a 19-year-old man from Parlin and a 20-year-old man from Old Bridge, when Englishtown Patrolman First Class Michael Maccinnes stopped him in the area of Gordons Corner Road and Whitman Boulevard, Manalapan, for numerous motor vehicle violations. Maccinnes smelled marijuana coming from the car and asked Genoa to step out of the vehicle.
At this point Englishtown Patrolman First Class Trevor Martinson arrived on the scene as a back-up. Martinson stayed with Genoa at the rear of the Explorer while Maccinnes went to the passenger side of the Explorer to investigate the odor of marijuana.
Genoa then ran from the rear of the Explorer to the driver’s-side door and re-entered the vehicle, jumping into the driver’s seat and stomping on the accelerator in an attempt to flee.
Martinson attempted to physically apprehend Genoa through the driver’s side window and Maccinnes attempted from the passenger side to prevent Genoa from putting the vehicle in drive. Genoa succeeded in putting the Explorer into drive and sped off at speeds estimated to be up to 40 mph, with both officers still hanging from the vehicle, according to the press release.
After a short distance, as Genoa continued to increase speed, both officers pushed off of the moving vehicle and fell violently to the ground, sustaining back, neck and knee injuries. Moments later the passenger who was in the front seat, the 20-year-old Old Bridge man, jumped from the speeding vehicle. He suffered significant head trauma and was taken from the scene by ambulance.
Genoa continued to flee in the Explorer, turning onto Sandpiper Lane in Manalapan where he abandoned the vehicle and fled on foot before disappearing into a residential neighborhood. The second passenger also exited the Explorer, but he ran back toward the police officers. Efforts to locate and apprehend Genoa that night were unsuccessful.
According to the prosecutor’s office, Genoa turned himself in to police several days later. A lawful search of the abandoned Explorer revealed a quantity of marijuana, cocaine and steroids inside the vehicle.
During the trial the defense presented testimony from two witnesses who claimed Genoa was with them in Staten Island, N.Y., at the time of the incident. The jury returned its verdict after a day of deliberations, according to the press release.
Genoa is scheduled to be sentenced on July 27 by Superior Court Judge Paul F. Chaiet, who presided over the trial. Genoa faces custodial sentences of up to 10 years for each of the second-degree crimes, of up to five years on each of the third-degree crimes, and of up to six months on the disorderly persons offense. The sentence on the aggravated assault by eluding charge is subject to the No Early Release Act, which means that Genoa will have to serve 85 percent of that sentence before he can be considered for release on parole.
Monmouth County Prosecutor Luis A. Valentin commended the bravery of Maccinnes and Martinson, stating that “these two officers put their lives at risk in an effort to apprehend Genoa, who in turn exhibited callous disregard for human life in a frantic and dangerous attempt to avoid being caught in possession of narcotics. The actions of his one passenger who chose to throw himself out of a speeding SUV rather than remain inside while Genoa evaded the officers is, in and of itself, unequivocal evidence of this defendant’s extreme criminal behavior.”