Crime & Safety

Driver, Passenger In Route 37 Crash That Killed Toms River Couple Reject Plea Deals

Attorneys for Carlos Martinez and Ryan Rivera, charged in the March crash that killed Evan Fiore and Kiley Armstrong, say they want a trial.

A memorial now stands at the site of the March 7 crash on Route 37 in Toms River that killed Evan Fiore, 23, and Kiley Armstrong, 21, and seriously injured Kiley's twin, Krista, and Ryan Chapman, Krista's boyfriend.
A memorial now stands at the site of the March 7 crash on Route 37 in Toms River that killed Evan Fiore, 23, and Kiley Armstrong, 21, and seriously injured Kiley's twin, Krista, and Ryan Chapman, Krista's boyfriend. (Karen Wall/Patch)

TOMS RIVER, NJ — The driver and one of the passengers in a white BMW in a high-speed crash on Route 37 in March that killed a Toms River couple and injured two others have rejected plea agreements offered in the case.

Carlos D. Martinez, 18, Ryan Rivera, 19, and Jake M. Beauchamp, 20, appeared in court Wednesday for arraignment on charges in the crash that killed Evan Fiore, 23, and his girlfriend, Kiley Armstrong, 21, on March 7. Severely injured in the crash were Kiley's twin sister, Krista, and Krista's boyfriend, Ryan Chapman, 19.

Martinez, Rivera and Beauchamp were indicted in September in the case. The arraignment was postponed to Dec. 5 before Superior Court Judge Guy P. Ryan.

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Carlos Diaz-Cobo, the attorney for Martinez, said the Monmouth County Prosecutor's Office had offered 30 years in jail subject to the No Early Release Act — 15 years each on two counts of aggravated manslaughter, to run consecutively, and five years each on two counts of aggravated assault, to run concurrently — for guilty pleas to the four counts.

Martinez was indicted on 41 counts, he said.

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"We reject that offer," Diaz-Cobo said. "We reject any offer." He told Ryan he expects the case to go to trial.

Jonathan Bruno, the attorney for Rivera, said his client also rejected the plea deal offered to him. That deal offered a pair of 10-year sentences on aggravated manslaughter to run consecutively, along with 5 years each on the two counts of aggravated assault, to run concurrently, for a maximum of 20 years in prison subject to the No Early Release Act.

Beauchamp, who was represented by Elizabeth Martin from the public defender's office, was offered a similar deal to that offered to Rivera. Beauchamp's deal includes a requirement that he plead guilty to eluding. Martin said she needed time to review everything before making a decision on the offer.

Thomas Fichter, assistant prosecutor in the Monmouth County Prosecutor's Office, which is handling the case because the Armstrong sisters are related to a high-ranking member of the Ocean County Prosecutor’s Office, said the plea offers, which were made before the case was presented to a grand jury for the indictments, would remain open.

Diaz-Cobo said he will be filing a change of venue motion by next week seeking to have the case tried in a different county.

Martinez is accused of being behind the wheel of the BMW as it sped along Route 37 and ran the red light at Route 166, smashing into the Toyota Camry driven by Fiore. Fiore and Kiley Armstrong died at the scene. Krista Armstrong and Ryan Chapman were severely injured.

Krista Armstrong and Ryan Chapman and their families, along with the family of Evan Fiore, were in court Wednesday as the plea offers were read into the court record by Fichter.

Rivera and Beauchamp are accused of being in the car with Martinez and encouraging him to drive at high speed as they tried to provoke police into chasing them along Route 37, while filming their activities and posting them on social media. Beauchamp is accused of being behind the wheel when the first interaction with police happened that night, as the BMW sped across the Thomas A. Mathis Bridge into Seaside Heights on the 16-minute trip that ended in the fatal crash.

Prosecutors say Beauchamp was behind the wheel as they drove up Route 35 and stopped in Brick, and that Martinez took over and drove back to Toms River. Rivera was the passenger filming, prosecutors say.

Beauchamp, who was released on home detention, stood next to Martin during the hearing.

Martinez, in what appeared to be regular clothing, and Rivera, in jail attire, sat in the jury box. Both were in restraints. Martinez initially was arrested and charged as a juvenile before waiving the case to adult court, and remains in custody though authorities have not said where he is being held. Rivera is being held in the Ocean County Jail.

Beauchamp had violated one of the provisions of his home monitoring, which was a requirement regarding automated text messages. Martin said the matter had been fixed and Ryan said he would accept that it was an isolated incident, but warned Beauchamp that any other issues could result in prosecutors filing a motion to have him held in jail pending trial.

The victims' families murmured at Ryan's decision, with some frustration apparent that Beauchamp was not going to be ordered to jail.

The families did not speak after the hearing.

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