The Week of November 30 - December 7, 1999 (Visit our Archives)

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Charges In MB Pedestrian Accident Upgraded

MONMOUTH BEACH - Charges against the driver who struck four members of one family as they walked across Riverdale Avenue in a crosswalk have been sent up to the Monmouth County Prosecutor, according to Jennifer Mendes, the Municipal Court administrator in the borough.

Mendes said they were sent to the prosecutor because all accidents which involve serious injury are referred to the county prosecutor for review.

First Assistant Monmouth County Prosecutor Peter E. Warshaw Jr. said Tuesday that the prosecutor's office had not yet received the paperwork from Monmouth Beach.

"We anticipate that Monmouth Beach will want us to investigate the circumstances regarding the collision," he said.

The purpose of such a review is to determine whether any criminal laws were violated, he explained. He could not say how long the review might take. But, when pressed, he said he expected it would be weeks rather than months.

The driver of the vehicle that struck four members of the Villa family on Aug. 20, Irwin Smigel, of New York City, was issued two summonses - one for failure to stop for pedestrians in a crosswalk and the other for reckless driving.

Injured in the accident were Bernice Villa, of Harbour Way, her adult daughter, Eileen Fontana, and two grandchildren, a girl, Gaby, 6, and a boy, Robert, 3. They were walking to the Monmouth Beach Fireman's Fair.

Villa suffered two fractured kneecaps and broken ribs and had an operation on her knees, according to a friend. Gaby suffered a broken pelvis, the friend said. Fontana and Robert suffered less serious injuries.