Michael Petillo faces charges of death by auto and assault by auto in the 2014 crash that killed one woman and injured two others
EWING - A Middlesex County man's admission that he took prescription muscle relaxers prior to a 2014 fatal crash on I-95 in Ewing may not be used against him at trial because he was not read his Miranda rights, an appeals court has ruled.
The statement by Michael Petillo, of Cranbury, to a State Police trooper prompted a blood test to confirm the presence of drugs. The test results were also deemed inadmissible in the death-by-auto case pending against Petillo.
Petillo was driving south on I-95 near exit 1 on Jan. 11, 2014 when he veered across the highway, forcing another car from the road and into a wooded area.
The crash killed passenger Tamla Wolcott, 40, of West Orange, and injured the driver Alecia Hill, then 39, of Pleasantville, and another passenger, Danielle Elam, then 42, of Virginia.
Do you know your Miranda Rights? (QUIZ)
Petillo was also hospitalized after the crash with a head injury. While in the hospital, he was questioned by State Police Trooper Quaron Crenshaw and admitted that he had taken half a Percocet, another muscle relaxer Flexeril, and Naproxen, a pain reliever, according to the appeals court ruling.
As a result, Crenshaw sought a warrant to test Petillo's blood. During court hearings in the pending case, prosecutors have said the test revealed Oxycodone and Xanax in Petillo's system.
The appeals court, however, ruled that Petillo inability to leave the hospital following the accident constituted police custody and he was not read his Miranda rights prior to the questioning by Crenshaw, in violation of his Fifth Amendment rights.
The ruling issued Tuesday affirmed a Superior Court decision in August excluding the statement and blood test from the case.
"The state could not produce a document showing he voluntarily and knowingly waived his rights under Miranda and agreed to answer Crenshaw's questions," the decision said.
Petillo's attorney Robert Tarver said the appeals court ruling should put to rest the argument that his client was under the influence of prescription drugs at the time of the crash because the statement and blood test were the key evidence.
The Mercer County Prosecutor's Office is consulting with the state Office of the Attorney General on whether to appeal the decision to the state Supreme Court.
In addition to death by auto, Petillo faces two counts of assault by auto.
Anna Merriman may be reached at amerriman@njadvancemedia.com. Follow her on Twitter @anna_merriman. Find NJ.com on Facebook.