The Brooklyn man accused of mowing down Moshe Berkowitz Z”L faces up to 25 years in prison after a grand jury indicted him on aggravated vehicular homicide charges.
Anel Kolenovic ran through a red light at Ocean Avenue and Avenue N while driving recklessly on Nov. 29, 2010, killing Berkowitz – a beloved yeshiva teacher – and injuring two other women, authorities charged.
He was initially charged with criminally negligent homicide – a much less serious crime – but a grand jury returned a 16-count indictment, which included previously uncharged drunk-driving offenses.
Kolenovic’s blood alcohol content was 0.02 percent in a test taken three hours after the crash. The legal limit for driving is .08.
But, according to Todd Greenberg, Kolenovic’s lawyer, prosecutors are attempting to “reverse extrapolate” to figure out what his blood alcohol content was at the time of the crash.
Greenberg said experts have called the method “dubious at best” and said the formula does not take into account differences in people’s metabolism.
“They use an average,” he said.
Greenberg said Kolenovic’s heart went out to the families of Berkowitz and the two injured women, but, “this is a tragic car accident.”
Brooklyn Supreme Court Justice Patricia DiMango ordered Kolenovic’s bail doubled to $400,000 abd told him to return to court on April 14.
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(Source: NY Post)
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2 Responses
Why didn’t the police test Kolenovic right away? If he initially refused, isn’t it treated as if he was actually drunk? Anyway, there are witnesses that Kolenovic was speeding like a maniac right before he murdered Reb Moshe.
He was not tested immediately because the 70 was lackluster. It was in between shifts, and no seargent took responsibility of the scene. By the time Highway was called it was 45 minutes after the accident.