Middlesex County Prosecutor Andrew C. Carey announced that the New Jersey Appellate Division vacated the sentences of two former employees of the New Brunswick Parking Authority and remanded the case back to court for the imposition of the mandatory sentenced required by law.
Officials say Emil Hanna, 64, and Emad Naguib, 56, both of Old Bridge, were found guilty by a jury, on January 28, 2013, following a 13-day trial in New Brunswick. They were convicted for official misconduct for failing to report or prevent other employees from stealing thousands of dollars in parking fees.
The convictions were overturned by a Superior Court Judge in 2013. The Middlesex County Prosecutor’s Office appealed that decision, and the New Jersey Appellate Division reinstated their convictions in 2016.
While the two men faced a prison term of up 10 years in a New Jersey state prison and were to serve a mandatory minimum term of five years with no chance of parole, a Middlesex County Superior Court Judge instead sentenced them, on January 6, 2018, to a prison term of 5 years and were ordered to only serve at least two years in custody before they can be eligible for parole. (They were also ordered to forfeit their employment at the New Brunswick Parking Authority and were forever banned from public employment.)
The Prosecutor’s Office filed a second appeal, this time asking the Appellate Division to find that the sentencing by the judge was improper.
Officials say on April 10th, the New Jersey Appellate Division vacated the original sentences and remanded the cases for the imposition of the mandatory sentences required by law, a five-year period of incarceration with a five-year term of parole ineligibility.
In its decision, the Appellate Division found that the personal characteristics of these two defendants, as described by the trial court, did not support a finding that adhering to the mandatory parole ineligibility provision would constitute a “serious injustice”. The cross-appeals filed by the defendants were denied.
During the trial, Middlesex County Assistant Prosecutor Brian D. Gillet presented evidence and testimony showing that Hanna, a security sergeant for the parking authority, and Naguib, a security officer, failed to report or prevent thefts committed by other employees between July 1, 2007, and June 15, 2010.
The defendants were arrested and charged following an investigation by Capt. J.T. Miller and Lieutenant Amish Shah, both of the New Brunswick Police Department, and Detective Donald Heck and former Lt. Daniel Del Bagno (now retired), both of the Middlesex County Prosecutor’s Office.