A man from New Jersey who murdered a small boy in a drunk driving accident two summers ago will serve more than ten years in jail.
The entire indictment against 25-year-old Edward Johnston was entered in February when he entered a guilty plea to one count each of aggravated homicide and driving under the influence in Atlantic County Superior Court.
Judge Joseph Levin sentenced him to 15 years in jail on Tuesday. Prior to becoming eligible for release, the criminal must serve a minimum of 12 years and nine months in prison.
However, officials maintain that the case is, in a way, still ongoing.
On a fishing excursion with his father and brother on the summer night of July 23, 2023, 8-year-old Javier “Javi” Velez was slain while asleep in the backseat of his father’s vehicle.
The car was parked at Absecon, a tiny town less than ten miles west of Atlantic City, far from Absecon Boulevard.
Around 3:25 a.m., an uncontrollably driven car burst off the White Horse Pike and, after going well beyond the road’s shoulder, collided with the parked car while the other Velez family members, who were on vacation from Philadelphia, were fishing at a creek just a few feet away.
During the BreakingAC sentencing trial, Javi testified in court that he had told his father, “Wake me up when we get home,” before he fell asleep in the car.
Instead, two weeks and one day after becoming eight years old, he passed away instantaneously from the hit that Sunday night.
According to a news release from the Atlantic County Prosecutor’s Office, Johnston was detained “several hours after” the event, still intoxicated, with a blood alcohol concentration (BAC) of.122, and marijuana in his car and system.
From wealthy Egg Harbour City, the defendant had spent the entire night drinking at clubs in neighbouring Atlantic City. When he lost control, he was 107 mph, which was 57 miles over the speed limit.
In the news statement, the prosecutor’s office stated that investigators thought Johnston might have been texting at the time of the crash.
Although he acknowledged drinking excessively in the hours prior to the encounter, the defendant did not run away.
Johnston was charged with one count of driving under the influence and one count of first-degree aggravated manslaughter.
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The judge presiding over the case swiftly granted the defendant pre-trial freedom notwithstanding the prosecution’s plea for incarceration. There was a lot of public outcry over that bail decision, which led to a drive to amend Garden State law.
Kaylah Smith, Javi’s mother, stated on July 28, 2023, “It is about my kid, but the main focus should be why this man is still free. He killed my kid. My kid is gone, and this man is free. Uninjured. That man’s car flipped upside down and he’s alive, but my kid is gone. It’s not fair.”
The state’s Senate Judiciary Committee recently overwhelmingly adopted a law, S-2295, that was proposed by local authorities and elected officials in response to Javi’s murder.
The bill, which was introduced by State Senator Vince Polistina of New Jersey, would give some intoxicated drivers accused of vehicular murder a presumption of pretrial custody. Additionally, upon conviction, the measure requires the suspension of a driver’s license and the potential seizure of a vehicle.
“This heartbreaking case has exposed a critical blind spot in our justice system — one that allowed a dangerous, impaired driver to remain free after taking a child’s life,” Atlantic County Prosecutor William Reynolds stated. “It should never take a tragedy to spark reform, but thanks to the courage and resilience of the Velez family, and the leadership of Senator Polistina, we are now moving toward a safer, more just system. Together, we are turning loss into action, and making sure law enforcement has the tools needed to protect our communities.”
