Appellate Court Affirms Conviction of Sicklerville Man

Today, a New Jersey appeals court affirmed the conviction of  Andre M. Horne, 47, of Sicklerville, on a charge of second-degree eluding a police officer that resulted in a 10-year state prison sentence.

The appellate court judges agreed with the prosecution’s contention that the trial judge’s instructions to the jury were not in error when he explained that the eluding statute applies even when the risk of injury by committing the crime is to the defendant.

Horne was the only party in a 2010 Monroe pursuit and crash.

“It is a fact that the jury could have found that the fleeing defendant could have created a risk of death or injury to himself in failing  to stop at the “T”  (intersection)  which caused his car to become airborne,” Assistant Gloucester County Prosecutor Joseph Enos wrote in a brief opposing Horne’s appeal.

Remanded for Re-Sentencing

The judges also found that the trial judge, while reviewing Horne’s extensive criminal record, did not put on the record the factors for and against the sentence imposed.  The case was remanded for re-sentencing.

Enos pointed to Horne’s 11-page court history and maintained “the severity of the sentence can be supported.”

(Source: Press Release, Gloucester County Prosecutor)