STATE OF NEW JERSEY VS. JASON ASKEW (13-02-0102, PASSAIC COUNTY AND STATEWIDE), A-0516-14T1

On March 17, 2012 two pedestrians (Jhasleidy Benjumea-Bastidas and Jose Fernandez-Minaya) were struck and killed on Route 19; debris and vehicle parts were scattered over 221 feet and no vehicle remained at the scene.
Police recovered vehicle fragments at the scene that matched parts from a 2003 black Cadillac Escalade registered to defendant Jason Askew.
Hair from undercarriage of defendant’s Escalade matched Benjumea-Bastidas’s DNA; laboratory testimony excluded an animal source.
Surveillance video placed Askew at a diner near the crash at about 3:49 a.m.; police were dispatched to the crash at 3:57 a.m.; Askew later claimed he hit a deer and took the vehicle for repair.
Autopsies showed injuries consistent with being struck by a vehicle at high speed; medical testimony indicated one victim would not have survived more than a minute after impact.
A jury convicted Askew of two counts of second-degree leaving the scene resulting in death (N.J.S.A. 2C:11-5.1), two counts under N.J.S.A. 2C:12-1.2(a) (endangering an injured victim), hindering apprehension, and tampering with evidence; the Appellate Division affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency/weight of evidence for leaving-the-scene deaths (N.J.S.A. 2C:11-5.1)	Evidence tied Askew’s Escalade to scene (matching parts), DNA link, lack of any other vehicle; timeline fits; no evidence of deer collision	State failed to prove Askew drove the striking vehicle or knowingly left the scene	Affirmed — reasonable jury could find guilt beyond a reasonable doubt
Sufficiency for endangering/injuring a victim (N.J.S.A. 2C:12-1.2(a))	Victims survived briefly and were physically helpless; Askew left knowing or reasonably believing they were helpless	Argues Moon controls—no proof victims were alive/incapacitated after impact	Affirmed — evidence supported that victims were physically helpless and defendant left while they were so
Hindering apprehension (N.J.S.A. 2C:29-3(b)(1))	Taking car for repairs and claiming a deer collision was conduct to suppress/tamper with evidence and hinder apprehension	Repairs were legitimate; no concealment or destruction	Affirmed — jury could infer purpose to hinder apprehension by concealing evidence
Tampering with evidence (N.J.S.A. 2C:28-6(1))	Sending vehicle to repair and asserting deer-collision impaired availability/verity of evidence	No willful alteration or concealment; acted as ordinary repair/insurance claim	Affirmed — evidence sufficed for conviction for tampering

State v. Sims, 65 N.J. 359 (discusses standard for setting aside jury verdict)
Dolson v. Anastasia, 55 N.J. 2 (framework for new-trial review and miscarriage of justice standard)
State v. Reyes, 50 N.J. 454 (instructs that courts view State's evidence in entirety and draw favorable inferences when considering motions)
State v. Moon, 396 N.J. Super. 109 (App. Div. 2007) (distinguishes circumstances where victim showed no signs of life post-injury for N.J.S.A. 2C:12-1.2(a))
State v. Munafo, 222 N.J. 480 (defines elements of endangering an injured victim statute)