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On Wednesday,, June 22, Juan Fernandez, II, of Towaco, was charged with death by vessel and assault by vessel, according to Ocean County Prosecutor Bradley D. Billhimer.
The head-on crash into a cement marker occurred in Barnegat Bay in Toms River on June 13, 2021, Billhimer said, and resulted in the death of Corey Molinari, 19, of Whippany.
At approximately 1:13 a.m., that day, Toms River police and New Jersey State Police were notified of a boat crash. Police responded to Antiqua Avenue and found that Molinari had been ejected from a pontoon boat and suffered serious bodily injury including severe head trauma, Billhimer said.
At least six other occupants of the boat were identified and treated on scene for various injuries. Molinari was treated on scene and airlifted to Jersey Shore University Medical Center in Neptune where he subsequently died from his injuries, the prosecutor said.
An investigation by the New Jersey State Police Troop “C” Criminal Investigation Office, New Jersey State Police Crime Scene Investigation Unit and Ocean County Prosecutor’s Office Vehicular Homicide Unit determined that Fernandez, II, was the operator of the pontoon boat when the boat struck a cement channel marker.
Further investigation revealed that Fernandez, II, had been consuming alcohol while operating the pontoon boat.
Fernandez, II, was transported to Community Medical Center in Toms River where he consented to a draw of his blood at approximately 9:32 a.m. Fernandez, II, blood alcohol content (BAC) was determined to be .037%.
The State retained the services of Robert J. Pandina, Ph.D, a forensic psycho-pharmacologist, who analyzed the toxicology findings of Fernandez, II’s BAC. Dr. Pandina concluded through extrapolation analysis that Fernandez II’s BAC at the time of the collision was between .13% and .15%, Billhimer said.
In the State of New Jersey, an operator of a motor vehicle or vessel is presumed to be over the legal limit for purposes of alcohol consumption where his/her BAC is .08 or greater.
During the course of this investigation, Fernandez II’s father, Juan A. Fernandez, Sr., 59, of Towaco, was questioned by law enforcement in connection with this investigation. It was determined that Juan A. Fernandez, Sr., provided false information to Detectives during the course of the investigation, Billhimer said.
As a result, Fernandez, Sr., has been indicted for hindering apprehension.
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