Newark – Acting Essex County Prosecutor Theodore N. Stephens, II, announced today that Carlos Green, 44, of Irvington was sentenced by the Honorable Marysol Rosero, Judge of the Superior Court, to 14 years in New Jersey State Prison for striking and killing Billy Ray Dudley, 54, of East Orange,
Under the No Early Release Act, he must serve 85 percent of his sentence before he is eligible for parole.
Officials say on Dec. 27, 2014 Dudley, a pedestrian, was struck and killed in Irvington in the area of 19th Avenue and Ellis Street after falling in the middle of the street.
Green, who was driving a 2003 Cadillac Escalade, was under the influence of alcohol at the time, according to Assistant Prosecutor Brian Pollock.
The Escalade continued approximately one block when several pedestrians told the driver to return to the scene. Green told police he had two or three drinks that night. Green was transported to Rutgers University Hospital where a blood sample was drawn. Without being placed under arrest, defendant was transported home by Irvington Police. A search of the car uncovered a partially empty bottle of rum in the trunk of the SUV. On Dec. 30, 2014, toxicology results on defendant's blood showed that Green had a blood alcohol content of .210 percent.
On Jan. 23, 2015, Green was issued summonses for driving while intoxicated, reckless driving, and driving while intoxicated within 1,000 feet of a school.
On March 30, 2015, arrest warrants were issued for Green charging him with first-degree vehicular homicide.
The case was delayed getting to trial because of appellate issues regarding whether Green’s prior DWI convictions could be admitted at trial. He was convicted in 1998 and 2009 of DWI. The appeals court refused to let the prior convictions in at trial.
Nonetheless, on May 22 of this year, Green was convicted of vehicular homicide.
"This was not an accident. After the prior DWI convictions this defendant was aware of the harm posed. Yet, he continued to get behind the wheel and drive drunk. The outcome of this case is a painful reminder of the consequences of this kind of deliberate, willful disregard for the law,’’ said Assistant Prosecutor Pollock.
Green, who had no prior felony convictions, faced 10 to 20 years in New Jersey State Prison.