On October 9, 2010 at 10:03 p.m., while on patrol, Patrolman John Deegan observed a 1991 blue Honda Accord parked on the 300 block of West Clay Avenue within 25 feet of a crosswalk. Patrolman Deegan observed that the driver and passenger windows were down, and the driver and passenger seats were reclined back. Upon approaching the vehicle, he realized it to be occupied by David Martinez Jr., age 18, of Elizabeth, NJ – driver, and a male juvenile, age 17 from Newark, NJ.
While speaking to Martinez, Patrolman Deegan observed a glass bottle of MD 20/20 Banana Red Wine in the vehicle, a hand-rolled cigar containing suspected CDS marijuana, and a plastic Ziplock baggie containing suspected CDS marijuana. Martinez and the juvenile were both placed under arrest.
Martinez was charged with 2C:35-10(a)4 (possession of marijuana under 50 grams), and 2C:33-15A (possession of alcohol by a person under the legal age). Martinez was also issued motor vehicle summons for 39:4-49.1 (possession of CDS in a motor vehicle), as well as for 39:4-138E (no parking within 25 feet of a crosswalk). Martinez was released pending a Roselle Park Municipal Court first appearance date on Thursday, October 14, 2010.
The juvenile was released to the custody of guardian pending juvenile charges.