A Pennsylvania man was arrested yesterday, charged with 2 counts of Death by Auto in connection with the July 2015 head-on collision that took the lives of a passenger in each vehicle, Acting Atlantic County Prosecutor Diane M. Ruberton announced.
Members of New Jersey State Police, on July 11, 2015, responded to State High 49 at milepost 47.5 in Estelle Manor, for the report of head-on collision.
Investigation revealed that a vehicle operated by Karen Kunak, 71, of Dravosburg, PA was struck head-on by a vehicle operated by Albert R. Tolley, 63, of Malvern, PA, and that Albert Tolley’s vehicle impacted Kunak’s vehicle while Tolley was attempting to improperly pass other vehicles. As of result of injuries sustained in the collision, one passenger from each of vehicles died.
The deceased are Joseph Kunak, 72, of Dravosburg, PA, the spouse of driver Karen Kunak, and Suzanne Tolley, 61, of Malvern, PA, the spouse of driver Albert Tolley.
A cooperative investigation by the Atlantic County Prosecutor’s Office Fatal Collision Investigation Unit and the New Jersey State Police culminated on January 18, 2017 with authorization by Acting Prosecutor Atlantic County Prosecutor Diane M. Ruberton of criminal charges against Albert Tolley for two counts of Vehicular Homicide—a crime of the 2nd degree. In addition to the criminal charges, Tolley was charged on motor vehicle summonses for Reckless Driving, Improper Passing and Failure to Maintain a Single Lane.
On February 16, 2017, an Atlantic County Grand Jury indicted Tolley on the criminal charges.
On Thursday, February 23, 2017, United States Marshals Service officers arrested Tolley in Cape May County without incident, turned him over to the custody of Atlantic County Prosecutor’s Office detectives, who processed Tolley for the arrest and lodged him in the Atlantic County Justice Facility.
A detention hearing is scheduled for March 1, 2017 in Atlantic County Superior Court.
A conviction for a 2nd degree crime carries a potential penalty of 5-10 years of incarceration in New Jersey State prison.