State v. Nevius

45 A.3d 360, 426 N.J. Super. 379, 2012 N.J. Super. LEXIS 96
CourtNew Jersey Superior Court Appellate Division
DecidedJune 18, 2012
StatusPublished
Cited by13 cases

This text of 45 A.3d 360 (State v. Nevius) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Nevius, 45 A.3d 360, 426 N.J. Super. 379, 2012 N.J. Super. LEXIS 96 (N.J. Ct. App. 2012).

Opinion

The opinion of the court was delivered by

PARRILLO, P.J.A.D.

Tried by a jury, defendant Thomas Nevius, who represented himself at trial, was convicted of first-degree purposeful or knowing murder, N.J.S.A. 2C:11-3a(l) and (2)1; felony murder, N.J.S.A. 2C:11-3a(3); second-degree burglary, N.J.S.A 2C:18-2; and third-degree conspiracy to commit burglary, N.J.S.A. 2C:18-2 and N.J.SA 2C:5-2.2 He was sentenced to an aggregate of sixty-five years in prison, subject to the No Early Release Act (NERA), N.J.SA. 2C:43-7.2, requirement of 55 years, three months and one day before parole eligibility. Defendant appeals, and we affirm.

According to the State’s proofs, Ruth Walker, the homicide victim, was a fifty-two-year-old woman living alone in a one-bedroom apartment at the Chestnut Square Apartment complex in Vineland. On Tuesday, July 30, 2002, her daughter Janira Walker-Castro, who was visiting from Florida, and her extended family spent the day in Wildwood. Ruth, however, stayed home because she was tired.

At 8:19 p.m., Janira called her mother on the cell phone she left with her, letting her know when the family would arrive for a dinner that Ruth planned to cook. Surveillance video at the Chestnut Square Apartment complex showed Ruth pulling into [383]*383her parking space at 8:22 p.m., and exiting the van. When Janira phoned her mother again close to 10:00 p.m., there was no answer.

Later, the family arrived at Ruth’s apartment and found it dark; the outside and inside doors were locked. No one had a key so Anthony Reyes, the victim’s son, using a knife from his nearby home, eventually opened the outside door, and then easily gained entry to the inner door.

Janira’s husband went into the bedroom and discovered the victim, who was clothed and wearing necklaces, lying on her back on the floor. She had no pulse. The bedroom was in disarray; the folding closet doors were on the floor, a table was broken, and the bedding was disheveled.

There was a blood-stained white, Fruit of the Loom T-shirt, size XXXL, on the bed, along with a bracelet. According to Janira, who was familiar with her mother’s wardrobe, the victim did not wear or even own white Fruit of the Loom T-shirts. Police also found $391 in cash on top of the kitchen table, along with a cell phone and Ruth’s keys. All of the windows were found to be locked and the sliding glass door secure; however, the rear kitchen screen had a small incision in it, but it was in a locked down position, and no entry could have been gained from it. There was a pot of water on the stove and meat defrosting in the sink, which led Vineland police officer Robert DeMarchi to surmise that as the victim started to prepare dinner, she heard a noise in the bedroom and took a knife with her to investigate.

Dr. Elliott Gross, the Cumberland County Medical Examiner at the time, performed an autopsy the next day. He determined that the victim, who was flve-feet-six inches tall and weighed 225 pounds, was stabbed three times in the neck, with one of the stab wounds transecting the jugular vein and going through two of the vertebrae, which caused blood and air to reach the heart causing death. Due to the way the blood seeped down the victim’s breasts, Gross believed the neck wounds were caused while she was standing.

[384]*384Additionally, the victim’s hyoid bone (in the neck) was fractured. That fracture, combined with petechiae in the victim’s eyes, and necklace imprints around her neck, led Gross to conclude that the victim also had been strangled. Gross could not say for sure whether the strangulation had been done manually or with a ligature, but said both could have been used. Specifically, the T-shirt found on the bed could have been used as a ligature. Gross thought it likely that the person who strangled the victim was standing behind her because the marks did not extend all the way around her neck.

The injuries — the stab wound and the strangulation — occurred nearly concurrently, and each was capable in and of itself of causing her death. Gross believed that the victim’s death was caused by more than one person because the two competing causes of death occurred nearly simultaneously and it would not have been likely that one person could have strangled her from behind and stabbed her from the front. In addition to the two fatal wounds, the victim had abrasions, bruises and cuts on her body that indicated she struggled with her attacker or attackers and tried to defend herself. Gross testified that a wooden-handled knife with a serrated edge, later recovered and identified as the victim’s, could have caused the fatal stab wound.

Ian Hood, who was qualified as an expert in forensic pathology, reviewed Gross’s autopsy report and photographs from the scene, and examined the recovered knife. He concurred with Gross’s determination of the causes of death, that the knife presented was consistent with the stab wounds, that the T-shirt could have been used as a ligature, and that the victim was standing up and struggling when she was strangled from behind and stabbed from the front by two different people.

Police investigation quickly focused on William Boston, who lived next door to the victim. Their apartments shared a common outer door. In July 2002, Damien Stratton lived with Boston, Boston’s mother, and Boston’s step-father. He was “trying to get [himjself together” after having been in prison for convictions on [385]*385burglary and drug possession charges. Stratton knew defendant, and said that the day the victim was killed, defendant and Boston were together all day, and in the evening, they were “messing with” the screen in the victim’s kitchen window; defendant had a knife and Boston had a box cutter. Stratton told Boston’s stepfather that the men were messing with the screen and at the stepfather’s insistence, Boston went inside. Boston went out again to rejoin defendant before Stratton left for the evening. Stratton admitted to having had “some drinks” that night.3

On the day of the homicide, from 1:15 p.m. to 4:30 p.m., Boston did “community service” in one of the apartments (37A) at the Parktown Apartments, helping the maintenance worker Jose Lopez clean the vacant roach-infested premises for re-renting. Earlier, on July 29, Lopez had applied boric acid powder to all of the surfaces in the apartment, including the kitchen cabinets, and found nothing on top of them. The next day, which was the day after the homicide, Boston worked from 3:00 p.m. until 5:00 p.m. No one had access to the apartment besides Lopez and Boston, and Boston did not have a key. A week later, Lopez reentered the apartment and found a wooden-handled knife with a six-to-eight-inch blade, sitting on top of a kitchen cabinet; it had no boric acid powder on it. Lopez turned the knife over to police, which Janira said looked “exactly like” the one used by her mother.

Boston was arrested on August 2, 2002, and charged with the homicide. At that point, Stratton, Beals, and Cesar Caban, a large friend of Boston’s who could have fit the XXXL T-shirt, were suspects; defendant was not. At some later time, Stratton [386]*386was eliminated as a suspect because his alibi was confirmed, and forensic tests on DNA found on the bloody T-shirt did not compare to Stratton’s profile.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
45 A.3d 360, 426 N.J. Super. 379, 2012 N.J. Super. LEXIS 96, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-nevius-njsuperctappdiv-2012.