Jake Pascucci, a Long Branch police detective, was off-duty when he fatally struck a 66-year-old woman crossing the street. He had a blood-alcohol level of .08.
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A former Long Branch police detective was sentenced Thursday to 364 days in county jail for being intoxicated when he fatally struck a 66-year-old woman with his Jeep as she crossed the street.
Jake Pascucci, who was off-duty at the time of the crash, pleaded guilty in April to strict liability vehicular homicide and DWI for his role in the death of Karen Borkowski, of Stanhope.
Pascucci, 29, is the first defendant in New Jersey to be sentenced for the strict liability vehicular homicide statute. The third-degree offense, signed into law by Gov. Chris Christie two months prior to the Sept. 22 crash, ensures tougher prison sentences for drunk drivers involved in deadly crashes.
The offense carries a sentencing range from no jail time to up to five years in prison. The 364-day sentence for Pascucci was the recommended jail time in the state's plea deal.
Pascucci was not taken out of the courtroom in handcuffs after a two-hour hearing before Middlesex County Superior Court Judge Michael Toto. His attorney, Steven Altman, will get 10 days to appeal the sentence.
"I'm disappointed in what the sentence was," Altman said in an interview after the hearing. "If I ever saw a case where someone should not go to jail, it's this defendant. ... I'm very pleased, though, he gave me an opportunity to appeal. And that's what we're doing."
Borkowski's husband, Edward, saw it differently.
"I approve of the judge's decision and I hope it holds up," he said after the hearing. "I didn't want nothing. I believe the judge heard what was said, and I'm blessed by it."
The standing-room-only courtroom was packed with family and friends for both Pascucci and the victim.
"I miss her," Ed Borkowski said at the sentencing. He is in a wheelchair because he suffers from lymphedema.
"I miss her more. I need her more and she isn't here," he said.
Pascucci, who became a police officer in 2008 and joined the Long Branch police force in 2014, read a brief statement aloud in court. He said the night of the crash was "devastating for everyone in the courtroom."
"I want the Borkowski family to understand that I'm a son, I'm a brother and I am an uncle," he said. I don't say this to garner sympathy from the Borkowski family. I state this because I'm a good person. Like all people, I'm susceptible to making mistakes. With that being said, I stand before the Borkowski family in this courtroom here to apologize."
In pleading guilty, Pascucci admitted that he had a .08 blood-alcohol level when he fatally struck Borkowski as she crossed Ocean Boulevard in Long Branch just after 8 p.m.
Assistant Middlesex County Prosecutor Keith Abrams said Thursday that Pascucci was drinking at a barbecue that day before heading to two Jersey Shore bars for more drinks. He even took a drink to go before leaving one of the bars, Abrams said.
He was heading to dinner with a friend when he hit Borkowski. Pascucci was taken to the hospital where he blew a .08 two hours after the crash had occurred, Abrams said.
"I submit to the court his BAC would have been higher" had it been taken directly after the crash, Abrams said.
In dashboard camera from responding officers obtained by NJ Advance Media, Pascucci can be heard telling his fellow coworkers that he had a green light and that Borkowski was jaywalking.
"She walked right out in front of me," he can be heard saying.
Ed Borkowski previously told NJ Advance Media that he and his wife were staying at the Ocean Place hotel for a weekend church retreat when Karen Borkowski decided to run to the nearby CVS store for bandages for her husband because he had severe blisters on his legs.
The case was transferred to Middlesex County because Pascucci had worked on an investigation with the Monmouth County Prosecutor's Office and that office felt it was a conflict of interest, a spokesman for the agency has said.
Pascucci will forfeit his job as a police officer and also receive five years probation.
His mother, who spoke at the sentencing, starting crying when she spoke of how her son will never wear a police uniform again, a dream he's had since he was a child.
"He had a bright future in the police department," she said. After this tragic night, my son Jake changed. The tragic consequences will haunt my son's life forever."
Ed Borkowski wasn't as forgiving in his statement.
"Jake was bad," he said. "If you allow him no jail time, you're letting him get away -- I won't say the word, murder."
Alex Napoliello may be reached at anapoliello@njadvancemedia.com. Follow him on Twitter @alexnapoNJ. Find NJ.com on Facebook.
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