Appellate Court Nixes Jay Marles' Killer's Quest For New Trial

TOMS RIVER, NJ - A state Appellate Court has denied a request for a new trial by the man convicted of the drunk driving death of popular Ocean Gate Patrolman Jay Marles early Thanksgiving morning in 2010, according to a report on app.com.

Judges Harry G. Carroll, George S. Leone and Hany A. Mawla of the Appellate Division of Superior Court upheld the vehicular homicide conviction of Erick Uzcategui in Marles’ death and said his 8-year prison term was not excessive.

Marles, 32, had just finished working an overtime drunk driving patrol and was on his way home to Point Pleasant Beach on the northbound lanes of the Garden State Parkway when Uzcateul's BMW slammed into Marle's Jeep Cherokee.

The impact sent the Jeep into a guardrail, where it overturned and burst into flames. Jay Marles, a husband and father of two, was killed instantly.

Uzcategui, 38, of Manchester, was convicted of vehicular homicide in a 2014 trial before Ocean County Superior Court Judge James J. Blaney.

He admitted having four or five vodkas and some cocaine before the crash, but said he did not feel impaired. A blood alcohol expert testified that his blood alcohol level would have been around 0.185 - twice the legal limit at the time of the crash.

Uzcategui claimed his blood was drawn without a warrant. He also claimed that Marles had modified his Jeep and made it less crashworthy.

The appellate judges ruled against his arguments. They also said his prison term was not excessive, since Uzcategui had prior convictions for driving while intoxicated and cocaine possession.

To read the entire story, click here.

Photo: Courtesy of the Ocean Gate Police Department