Franklin Lakes April 27, 2011 THE VILLADOM TIMES I • Page 7 Police charge driver in fatal traffic accident by Frank J. McMahon The 18-year-old driver of the vehicle involved in the fatal Jan. 24 traffic accident in Franklin Lakes has been arrested by the borough police. The driver, Hawthorne High School student Jeffrey Cohen, was charged with first degree vehicular homicide, fourth degree assault by auto, and being under the influence of a controlled dangerous substance. Cohen was also charged with careless driving, disregard of railroad crossing, and violating his probationary driver’s license in connection with the motor vehicle collision, which resulted in the death and bodily injury of passengers in his vehicle. The charges came about as a result of a two-and-a-half month investigation conducted by members of the Bergen County Prosecutor’s Office Fatal Accident Investigation Unit and the Franklin Lakes Police Department. The accident occurred at 8:26 p.m. at the intersection of Pulis Avenue and the New York Susquehanna railroad tracks, near the intersection of Susquehanna Avenue. Cohen and his two passengers were in a 1994 Jeep Cherokee traveling south on Pulis Avenue. The vehicle collided with the locomotive of a freight train that was traveling west and had already passed the railroad crossing intersection. As a result of the investigation by the prosecutor’s office, it was determined that Cohen drove the Jeep Cherokee directly into the engine of a New York Susquehanna and Western Railroad train that was in the crossing on Pulis Avenue, and failed to respond to warning lights, electric horns, and the train before the collision. During that investigation, a blood sample was taken from Cohen at Hackensack University Medical Center. As a result of the examination of the blood sample and the analysis of laboratory results, it was determined that Cohen was under the influence and driving while impaired by the use of marijuana at the time of the collision. It was also determined during the investigation that the railroad crossing at Pulis Avenue is within 1,000 feet of the Franklin Avenue Middle School at the intersection of Franklin and Pulis avenues and, in cases where a collision caused by the actions of an intoxicated driver occurs within 1,000 feet of school property, the vehicular homicide charge is a crime of the first degree. Cohen had a valid probationary driver’s license at the time of the accident, according to Detective Lieutenant John Bakelaar of the Franklin Lakes Police Department, but that license restricts the number of nonfamily members who can be in a vehicle, and the driver has the responsibility to make sure all passengers are wearing their seat belts. The front seat passenger, identified as 20-year-old Marcus Ruta of Hawthorne, did not have his seat belt on and was pronounced dead at the scene. The rear seat passenger, 19-year-old Hawthorne resident Joseph Belasco, was transported to Hackensack Medical Center by the Franklin Lakes Ambulance Corps following the accident. At the time of the accident, Bakelaar advised that his department’s preliminary investigation indicated that the vehicle struck the locomotive’s side near the stairway leading to the engineer’s cabin. The train was not backing up and switching as they sometimes do at that railroad crossing, according to Bakelaar, but was traveling at a slow rate of speed through the crossing and the traffic safety warning equipment at the crossing was working properly, the red lights were flashing, and the alarm bells were ringing when the accident occurred. According to Bakelaar, a witness claimed that the train’s horn was blowing at the time of the accident and the traffic traveling north, on the other side of the railroad crossing, had stopped in response to the warning signals and was waiting for the train to pass. Cohen surrendered to the Franklin Lakes Police Department on April 20, accompanied by his attorney. He was arraigned in the Franklin Lakes Municipal Court that day and released when he paid 10 percent of the $150,000 bail set by Municipal Court Judge Francis J. Leddy Jr. The accident was the second fatal accident the borough experienced within a month. On Dec. 24, a fatal vehicular accident occurred at the intersection of McCoy and Colonial roads. CAPS Cares presents Ellen Sabin, author of “The Autism Acceptance Book: Being a Friend with Someone with Autism” on Thursday, May 5, 2011 from 7 to 9 p.m. The event will be held at Northern Highlands Regional High School, 298 Hillside Ave, Allendale. Ellen Sabin will speak about creating acceptance of those affected by autism and the importance of educating neuro typical children and adults about autism. There is no charge for this event, RSVP by e-mail to CapsCares@optonline.net. CAPS Cares is a non-profit organization established by parents of children with autism in Northwest Bergen County. Autism Awareness and Acceptance Event Rescheduled Outside is now open. Our outdoor furniture shop is now fully stocked 4-27-11 pat/janine CAPS3x3(4-27-11) 3 x 3” rev1 Y IN! RRferÊ HUOf res * i exp1/11 5/ 10% off all 2011 5-piece sets, Up to 50% off last year’s sets OUTDOOR FURNITURE skibarn.com and free local delivery*