*News
Release* Date: July 15, 2010
Middlesex
County Prosecutor’s Office
Prosecutor will seek to try teens as adults in
Middlesex
County Prosecutor Bruce J. Kaplan announced today that his office will file a
motion with a Family Court judge seeking a waiver to try five juveniles,
charged with the murder of Dr. Divyendu Sinha, as adults.
The decision was made following a
thorough and comprehensive investigation to establish sufficient evidence and
justification under the law to seek the waiver.
Due to the ethics rules by which the
prosecution is bound, as well as the rights of the juveniles charged, this
office is prohibited from publicly detailing the reasons and justifications in
support of the waiver.
Procedurally, however, applicable
At a closed juvenile court hearing
which has yet to be scheduled, the prosecution will be
required to show that the juveniles are at least 16 years of age and that there
is probable cause for the signing of murder complaints, which must be
accompanied by a statement of reasons.
If these elements are established,
the Superior Court, Family Part judge hearing the case is required to issue an
order waiving the juveniles to adult court. The motion will be filed by this
office within the next seven days.
The
maximum exposure in the juvenile court for murder is 20 years, while the
maximum exposure in the adult court for murder is 30 years to life.
This
investigation initially focused on ascertaining and arresting those responsible
for Dr. Sinha’s attack. While the investigation is still active and on-going,
based on the facts currently known, it is believed that all those responsible
have been identified and arrested and no additional arrests are contemplated at
this time.
With
the arrest of the responsible parties, the on-going investigation continues to
focus on the motives leading to the assault on Dr. Sinha and his family.
In this process, the Middlesex County
Prosecutor's Office remains mindful of the societal aim, as expressed in the
state’s bias crime statute, to provide enhanced protection to racial, ethnic
and religious minorities.
Therefore, the issue of whether or
not this crime falls within the ambit of a bias crime will be rigorously
investigated and scrutinized.
Investigators continue to work to
identify the existence of any direct or circumstantial evidence that would
either support or negate the classification of this tragedy as a bias crime.
Therefore, the investigation is actively focused on whether the parties
responsible for Dr. Sinha’s death knew of his race or ethnicity when they
exited their car to attack him, whether they targeted him or his family because
of their race or ethnicity, or whether the attack on Dr. Sinha and his family was
a continuation of the violent behavior exhibited by these same juveniles just minutes
before the attack, when they assaulted a Caucasian motorist.
What these juveniles did and said
immediately prior to the attack, during the attack and after the attack, have
not yet been fully determined. After all
available facts have been evaluated, this office will
announce whether additional charges are appropriate.
Separate and apart from this office’s
responsibility to investigate and prosecute those responsible for the death of
Dr. Sinha, it is also the office’s responsibility to ensure the safety and
quality of life for all residents of
Accordingly, the Middlesex County
Prosecutor’s Office has investigators dedicated to providing education and
training to the public, senior citizens, civic groups and schools.
The investigators, assigned to the
Middlesex Outreach and Education (MORE) unit, have and will continue to provide
a countywide awareness education program aimed at offering all residents
information as to what constitutes a bias crime, their rights in the
event they believe they have been victimized, and what they can expect from the
police in the event they are a victim of a bias crime. The unit may be reached at (732) 225-0750.
By way of background, and as
previously reported, Dr. Sinha, a 49-year-old resident of
As a result of the injuries sustained
in that attack, Dr. Sinha was pronounced dead at 4:42 a.m. on June 28,
2010. Following an autopsy by the
Middlesex County Medical Examiner’s Office, it was determined that Dr. Sinha
died as a result of blunt force trauma to his head. It is not alleged that any
weapons were used in the assault.
An immediate and intensive
investigation was commenced by the Old Bridge Police Department and the
Middlesex County Prosecutor’s Office, which quickly apprehended three 17-year-old
The continuing investigation resulted
in the arrest of two additional
All
five have been detained at the
As
was previously reported, these same five juveniles have also been charged with
assaulting the Caucasian motorist minutes before the attack on Dr. Sinha and
his family.
The investigation is continuing.
Anyone with information is asked to call Detective Greg Morris of the Old
Bridge Police Department at (732) 721-5600, or Investigator
The charges against the juveniles are
merely accusations and they are presumed innocent until adjudicated delinquent
in Family Court, or proven guilty in Superior Court.