Driver in Accident That Killed Barnegat Man Receives Traffic Summonses
No criminal charges filed against 25-year-old Stafford man who struck and killed pedestrian last month
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The driver who struck and killed a Barnegat man last month has been issued traffic summonses, but the deadly incident has led to no criminal charges, according to the Ocean County Prosecutor’s Office.
Assistant prosecutor Steven Cucci said 25-year-old Robert Kusznikow of Stafford had been issued motor vehicle summonses recently “because the 30-day statute of limitations was going to expire.”
Michael Grosso Jr., 76, was standing outside his SUV on Mermaid Drive in Manahawkin at 10:30 a.m. Sept. 21 when he was struck by a car driven by Kusznikow, who is the son of Stafford Township Councilman Robert Kusznikow. Grosso was transported to Southern Ocean County Medical Center, where he was pronounced dead a short time later.
A spokesman for the prosecutor's office said early in the investigation that they were awaiting blood analysis for Kusznikow before making any determinations on whether charges would be filed. Cucci said he could not comment on the results of such a test, but confirmed that the investigation is ongoing, but no charges have been filed.
Cucci also pointed out some misreported details regarding Kusznikow’s driving record, which includes a number of DUI charges.
State motor vehicle records show Kusznikow has four arrests on his record for driving under the influence of alcohol or drugs. At the time of the September incident, Motor Vehicles Commission representative Michael Horan said that state law mandates a 10-year license suspension for drivers arrested for a third DUI within 10 years of their second DUI arrest.
But Cucci said two of the arrests on Kusznikow’s record did not count toward a 10-year suspension.
The first arrest, in 2002, occurred when Kusznikow was a teenager. Because he was operating a moped at the time, the consequences were dictated by “a completely separate statute,” said Cucci.
He was still underage when he was arrested for drinking and driving again, in 2004. “The second offense was for driving having consumed liquor underage,” said Cucci, which is also covered by a different statute. As a result, he said, neither was handled under New Jersey’s main drunk driving law.
Kusznikow received two other DUI charges, one in September 2006 and another in April 2007. According to Horan, the 2006 arrest was handled in Ocean County’s Superior Court, and Kusznikow’s driving privileges were suspended for two years.
The next arrest came seven months later, and was handled by Stafford’s municipal court, resulting in another 210-day suspension, Horan said.
Cucci said that it was his office’s understanding that Kusznikow’s license was not suspended at the time of the accident that killed Grosso, and he continues to hold driving privileges.
Sam
2:05 pm on Wednesday, October 26, 2011
Wow !!!!!! I can't believe what I am reading.......Does this Asst. Prosecutor know who is on first base !!!????? He sounds like the defense attorney not someone representing this poor man who was killed. hmmmmm.......................
t bone
3:13 pm on Wednesday, October 26, 2011
Thats ocean county for you! If not for his daddy he would be in jail buy now and what the heck is the blood test about. Why was he not taken in for a breathelizer test like the rest of us. this clown and his dad should go to jail. As he is obviosly using his job to help his son stay out of trouble. My kid would be in jail or ave a ten year suspended license. that's Vehicular man slauter!
Sam
5:04 pm on Wednesday, October 26, 2011
t bone.....I can't agree more...what is wrong with this story or is it just us !!!!! maybe we are crazy!!!!!! What is wrong with this picture !!!!! What is wrong with NJ compared to other states re: to DWI !!!! I like Gov. Chrisite but how about doing something about these screwed up traffic laws. This kid obviously has problems.
I really see some cover up here.....my opinion...so I don't piss off some liberal who says its the fault of society for this boy........lets counsel him, not his fault, give him a paycheck to make him feel better..at taxpayer expense , or he needs rehab,,,he did not mean to run over your family....boooohooooo!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Tim
8:03 am on Thursday, October 27, 2011
Just to answer a couple of questions that were posted. He wasn't taken for a breathalyzer because there was a fatal accident. After fatal accidents, blood is taken, not breath samples because blood is WAY more accurate and will be better for prosecution. Criminal charges can't be brought against this guy yet cause blood test results are not back yet. Once they are back, and show he was under the influence, he'll get charged with Veh. Homicide. The reason traffic tickets were written now is because the statute of limitations for traffic tickets is thirty days.
Eric Thomas
8:29 am on Thursday, October 27, 2011
DWI/DUI rules and penalties cry out for overhaul. When a motorist serves notice on society that they lack the maturity to drive sober, they should not be given a second chance to kill innocent people.
We are too damn soft when it comes to vehicle and traffic offenses. Drive 65 - 70 on the Parkway and you will be run off the road by speeders. Yet Troopers ignore these offenses despite most patrol cars having expensive radar devices. If they are going to tolerate 80mph then change the damn signs and issue tickets when someone drives 81.
Also, is it not absurd that cars can now go as long as 5 years between inspections? How about no longer requiring vision tests at driver license renewal time? And people who need canes and walkers driving?
We are our own worst enemy. And cemeteries are filled with the results of our foolishness.
Barngat Tax Revolt
8:34 am on Thursday, October 27, 2011
Is this really a surprise to everyone that our flawed and corrupt justice system has failed us once again? This is a travesty and an injustice to the highest possible level. I am appalled and sick to my stomach to think this man, which I’m still trying to comprehend why he hasn’t lost his license for good from all the DWI’s he has gotten, will still be on the road to commit more crimes and not be in jail!
My heart goes out to the family this injustice has been served too.